# 98 II-5.

2000 August 19, 1992

Ms. Brenda K. Jacobs Clark County Election Department l860 E. Sahara Avenue Las Vegas, Nevada 89l04-3760 RE: Complaint Number XXXXXXXXX Dear Ms. Jacobs: This letter constitutes our Letter of Findings with respect to a complaint filed with the Department of Justice, Civil Rights Division, Coordination and Review Section, against the Clark County Election Department. As you are aware, a complaint was filed with this office alleging that the Election Department failed to provide access to the polling site at the Las Vegas High School Auditorium, in violation of title II of the Americans with Disabilities Act of l990 (ADA). As a result, an individual with a mobility impairment had to vote in the hallway. The Coordination and Review Section of the United States Department of Justice is responsible for investigating complaints of discrimination under title II for which it is the designated agency. Following our notification to you of our receipt of this complaint, you provided a copy of your curbside voting policy for Clark County. We have reviewed this policy and concluded that it does not violate title II of the ADA. Section 35.l49 of the enclosed title II regulation requires accessibility to programs, services, and activities in facilities existing on the effective date of the statute, January 26, l992. The principal focus of the program accessibility standard is access to programs, services, and activities, as opposed to access to physical structures. Therefore, existing polling places are not required to be accessible, provided that alternative methods are effective

in enabling individuals with disabilities to cast a ballot on the day of the election. The Clark County policy of taking the ballot outside to a voter who is unable to enter the polling place is an acceptable method of providing program access. Because Clark County has a curbside voting policy in place that meets the requirements of title II of the ADA, we are closing our file in this case as of the date of this letter. We are obligated to inform you that if any individual is harassed or intimidated because of the filing of a complaint or the participation in the investigation of a complaint, such an individual may file a complaint alleging such harassment or intimidation. The allegation of harassment or intimidation would be investigated as a separate complaint. Under the Freedom of Information Act, it may be necessary to release this document and related correspondence and records upon request. In the event that we receive such a request, we will seek to protect, to the extent provided by law, personal information which, if released, could constitute an unwarranted invasion of privacy. We appreciate your cooperation with the Department of Justice in this matter. If you have any questions concerning this letter, please contact Ms. Linda King, the investigator assigned to your case, who can be reached at (202) 307-223l (Voice) or (202) 307-2678 (TDD) (these are not toll-free numbers). Sincerely,

Stewart B. Oneglia Chief Coordination and Review Section Civil Rights Division

Mr. Anthony Farris Comprehensive Vocational Rehabilitative Service 3340 S. Topaz, Suite ll0 Las Vegas, Nevada 89l2l RE: Complaint Number XXXXXXXXX Dear Mr. Farris: This letter constitutes our Letter of Findings concerning your complaint filed on behalf of Florence Hall against the Clark County Election Department, alleging violations of the Americans with Disabilities Act of l990 (ADA). Under title II of the ADA, State and local governments may not discriminate against qualified individuals with disabilities on the basis of disability. Specifically, you allege that Ms. Hall, who has a mobility impairment, was unable to access the polling site at the Las Vegas High School Auditorium because there were two sets of stairs leading to the auditorium. Consequently, she had to vote in the hallway and had no privacy. The Coordination and Review Section of the United States Department of Justice, Civil Rights Division, is responsible for investigating complaints of discrimination under title II for which it is the designated agency. Following receipt of your complaint, this office contacted the Polling Place Operations office of the Clark County Election Department. That office advised us that Clark County has a curbside voting policy in place, which provides voters with disabilities access to the ballot box if they are unable to access the polling place or are unable to come into the polling place. The Election Department sent us a copy of this policy. udd\djackson\Jacobs

-2We have reviewed the Clark County voting policy and determined that it does not violate title II of the ADA. Section 35.l49 of the enclosed title II regulation requires accessibility of services, programs, and activities in facilities existing on the effective date of the statute, January 26, l992. The principal focus of the program accessibility standard is access to programs, services, and activities, as opposed to access to physical structures. Therefore, existing polling places are not required to be accessible, provided that alternative methods are effective in enabling individuals with disabilities to cast a ballot on the day of the election. The Clark County policy of taking the ballot outside to a voter who is unable to enter the polling place is an acceptable method of providing program access. We have determined that the Clark County Election Department has a curbside voting policy in place that meets the requirements of title II of the ADA. If you are dissatisfied with our findings, you may file a private complaint in the appropriate United States District Court under title II of the ADA. You should be aware that Federal law protects your rights to file a complaint. A State or local government or recipient of Federal financial assistance may not intimidate, threaten, coerce, or engage in other discriminatory conduct against anyone who has either taken action or participated in an action to secure rights protected by the ADA or section 504. If at any time you feel you are being harassed or intimidated because of your dealings with the Department of Justice. You may file a complaint with this office. This office would investigate such a complaint if the situation warrants. Under the Freedom of Information Act, it may be necessary to release this document and related correspondence and records upon request. In the event that we receive such a request, we will seek to protect, to the extent provided by law, personal information which, if released, could constitute an unwarranted invasion of privacy. If you have any questions concerning this letter, please contact Ms. Linda King, the investigator assigned to your case,

who can be reached at (202) 307-223l (Voice) or (202) 307-2678 (TDD) (these are not toll-free numbers). Sincerely,

Stewart B. Oneglia Chief Coordination and Review Section Civil Rights Division