# 50 II-3.

3000 December 16, 1992

Mr. XXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXX Tulsa, Oklahoma 74127 Re: Complaint Number XXXXXXXXXXXX Dear Mr. XXXXXXXX: This letter responds to your complaint against the State of Oklahoma under title II of the Americans with Disabilities Act (ADA). Your complaint alleges that the State of Oklahoma draws its jury selection lists from the lists of individuals who hold Oklahoma driver's licenses and of individuals who have volunteered for jury service. You claim that this method of jury selection excludes individuals with disabilities who are not able to drive, and thereby violates the ADA. The Civil Rights Division has completed its investigation of your complaint. As detailed below, our investigation revealed that the jury lists used by the State of Oklahoma include individuals who have obtained non-driver identification cards issued by the Oklahoma Department of Public Safety, in addition to those with driver's licenses. State law also permits counties to include individuals who have volunteered for jury service. On that basis, we have concluded that the State's jury selection procedures do not violate title II of the ADA. The procedures for the selection of jurors appear in 38 Okl. St. Ann. 18, which provides that jury selection pools include lists of individuals compiled by the Department of Public Safety and comprised of persons who:

1. reside in the county; 2. are 18 years or older; and 3. hold a current driver's license or a current identification license issued by the Department of Public Safety. The Department of Public Safety issues and renews non-driver identification cards in the same manner as driver's licenses. The cards are available to any person over the age of 12, including individuals with disabilities who do not drive. All persons holding such cards aged 18 and older will automatically be included on the jury selection list for their county of residence. In addition to the names of individuals holding driver's licenses and non-driver identification cards, the statute provides that county jury selection lists may be supplemented by adding the names of residents aged 18 and over, who have completed a "Voluntary Jury Service" form available from the court clerk's office. This list can include individuals with disabilities who do not hold either a driver's license or nondriver identification card. Based on the foregoing information, we have concluded that the procedures utilized by the State of Oklahoma for jury selection do not deny individuals with disabilities an equal opportunity to be selected as potential jurors. Therefore, the policy for selecting jurors in Oklahoma does not violate title II of the Americans with Disabilities Act. This letter constitutes our letter of findings with respect to your allegations of discrimination in your administrative complaint. If you are dissatisfied with our determination, you may file a private complaint in the United States District Court under title II of the ADA. Under the Freedom of Information Act, 5 U.S.C. 522, we may be required to release this letter and other correspondence and records related to your complaint in response to a request from a third party. Should we receive such a request, we will safeguard, to the extent permitted by the Freedom of Information Act and the Privacy Act, the release of information which could constitute an unwarranted invasion of your or another's privacy. Sincerely,

Stewart B. Oneglia Chief Coordination and Review Section Civil Rights Division cc: Don Austin Tulsa County Court Clerk