Fine Waived Against Disabled Owner

DOS issued a violation notice to owner of single-family dwelling for not removing snow and ice from the sidewalk. Owner argued that he was a 71-year-old handicapped veteran and was unable to shovel the sidewalk. His wife was also disabled, and they lived on Social Security and couldn't afford to hire someone else to shovel. The ALJ ruled against owner and fined him $50. Owner appealed, arguing that the city should accommodate him under the federal Americans with Disabilities Act (ADA) by providing him with a shoveling service or at least modifying the fine. ECB again ruled against owner. DOS argued that the ADA required the city to make reasonable accommodations for disabled persons only in public transportation and public accommodations. ECB ruled against owner. ECB had no authority to rule on owner's rights under the ADA. However, ECB waived the $50 fine.

Cordova: ECB App. No. 23392 (1/24/96) [3-page document]