Barden

We must decide whether public sidewalks in the City of Sacramento are a service, program, or activity of the City within the meaning of Title II of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12132 , or § 504 of the Rehabilitation Act, 29 U.S.C. § 794 . We hold that they are and, accordingly, that the sidewalks are subject to program accessibility regulations promulgated in furtherance of these statutes. We therefore reverse the order of the district court and remand for further proceedings. We have jurisdiction pursuant to 28 U.S.C. § 1292 (b).

*1075 BACKGROUND

Appellants, various individuals with mobility and/or vision disabilities, commenced this class action against the City of Sacramento. Appellants alleged that the City violated the ADA and the Rehabilitation Act by failing to install curb ramps in newly-constructed or- altered sidewalks and by failing to maintain existing sidewalks so as to ensure accessibility by persons with disabilities. 1 The parties stipulated to the entry of an injunction regarding the curb ramps; however, they did not reach agreement on the City’s obligation to remove other barriers to sidewalk accessibility, such as benches,…