FEB 1 1995 XX XX XX RE: Complaint Number XX Dear Ms.

XX : This letter constitutes our Letter of Findings with respect to the complaint you filed on behalf of your son, XX with the Department of Justice, Civil Rights Division, Coordination and Review Section, alleging violations of Title II of the Americans with Disabilities Act of 1990 (ADA) by the Arlington County, Virginia, "911" Ambulance Service (hereinafter Emergency Medical Services or "EMS"). Title II prohibits discrimination against qualified individuals with disabilities on the basis of disability by State and local governments. Specifically, you alleged that on two separate occasions the Arlington County EMS discriminated against your son on the basis of his disability, which you allege to be a seizure disorder, by refusing to transport him to a hospital. You also alleged that on a third occasion EMS staff refused to take your son to a hospital in Washington, D.C., and told you that a private ambulance could be requested but that the private service would not transport him to the hospital because of his medical condition. The Civil Rights Division has completed its investigation of your complaint. We have determined, based on information provided to us by Arlington County and the Ambulance Field Incident Reports for the specific incidents, that Mr. XX was not denied emergency medical services or refused requests to transport him to a hospital because of his disability. We also found no evidence to corroborate your assertion regarding alleged statements made by EMS personnel. cc: Chrono, Records, CRS, King, Keenan. Payne, dhj kingllld\lof2.XX

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-2Legal Standards The Department of Justice Title II implementing regulation requires that no qualified individual with a disability shall, on the basis of disability, be excluded from participation in or denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any public entity. 28 C.F.R. 35.130(a). A public entity may not deny a qualified individual with a disability the opportunity to participate in or benefit from any of its programs. 28 C.F.R. 35.130(b)(1). Facts On August 23, 1992, an EMS crew responded to a request for emergency medical service for a person alleged to be having seizures at the Hyatt Arlington Hotel. Upon arrival at the hotel, the crew noted that Mr. XX was exhibiting no signs of seizures and did not request to be transported to a hospital. You asked for your son to be transported to a hospital so that his Dilantin level could be checked. Because you were not the legal guardian of your son, who is approximately 25 years old, and Mr. XX did not request or appear to need to be transported to a hospital, the EMS crew left the hotel without him. On August 24, 1992, an EMS crew responded to a request for emergency medical service for a sick person at the Hyatt Arlington Hotel in Virginia. Upon arrival at the hotel, the drew noted that Mr. XX exhibited no signs of a seizure or any other medical emergency, and that he was upset that an ambulance had been called. The crew examined Mr. XX and took his vital signs. You insisted that your son be transported to a hospital, but Mr. XX did not request to be transported to a hospital and showed no signs of a medical emergency. One of the technicians

explained to you that because you were not your son's guardian, they could not take him to the hospital without his permission. On October 17, 1992, an EMS crew responded to a request for emergency medical service for a person alleged to be having seizures at the Clarendon Metro Station. Upon arrival at the metro station, the ambulance crew noted that Mr. XX was disheveled with a "glassy- eyed stare" and refused to be interviewed. You requested that your son be transported to Georgetown University Hospital in Washington, D.C. You were told that the ambulance could only take your son to one of the three hospitals in Arlington County. You chose to have your son transported to Northern Virginia Doctors' Hospital. You were advised that you could request a private ambulance to take your son to Georgetown University Hospital. Both EMS technicians denied telling you that a private ambulance would refuse to take your son because of his alleged seizures. 01-00261 -3Analysis A public entity cannot deny a qualified individual with a disability the opportunity to participate in or benefit from any of its programs. It was alleged that because Mr. XX suffered from seizures, he was denied transport by the Arlington ambulance service to a hospital. At both times the ambulance service was requested for Mr. XX in August, 1992, Mr. XX was not exhibiting any symptoms of a seizure or any other medical emergency when the ambulance crew arrived on the scene. Furthermore, Mr. XX did not ask to be transported to a hospital. Because Mr. XX is an adult and you are not his legal, guardian, Mr. XX could not be transported to the hospital against his wishes. Mr. XX did not ask to be taken to a hospital and did not show any symptoms of a medical emergency. Therefore, he was not denied any service, and the Arlington County EMS did not violate Title II with respect to this allegation. You also alleged that, because of Mr. XX disability, the Arlington EMS refused to take him to a hospital in Washington, D.C. as you requested during the October 1992 incident. Arlington county EMS policy states that patients who are alert and conscious, and who are deemed to be in a situation that is not

life-threatening, have the option of being transported to one of the three hospitals in Arlington County. Therefore, Mr. XX was not denied a service when the EMS crew refused your request to transport your son to a hospital in Washington, D.C., and took him instead to the Arlington hospital subsequently chosen by you. Therefore, the Arlington County EMS did not violate Title II with respect to this allegation. We also found no corroborating evidence to support your contention that you were told by the EMS crew that a private ambulance would refuse to take your son to the Washington, D.C. hospital because of his alleged seizures. Conclusion Based upon our investigation, we have concluded that the Arlington County EMS did not violate Title II of the ADA. If you are dissatisfied with our determination, you may file a private complaint in the appropriate United States District Court under Title II of the ADA. You should be aware that no one may intimidate, threaten, coerce, or engage in other discriminatory conduct against anyone because he or she has either taken action or participated in an action to secure rights protected by the ADA. Any individual alleging such harassment or intimidation may file a complaint with the Department of Justice. We would investigate such a complaint if the situation warrants. 01-00262 -4Under the Freedom of Information Act, 5 U.S.C. 552, it may be necessary to release this document and related correspondence and records upon request. However, if such a request is made, 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 Linda King of this office at (202) 307-2231. Sincerely,

Merrily A. Friedlander Acting Chief Coordination and Review Section Civil Rights Division cc: Lambert Miller Arlington County Fire Department

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