T. 4/8/93 JUN 2 1993 X X Re: Old Complaint Number X New Complaint NumberX Dear Mr.

X: This letter constitutes the Department of Justice's Letter of Findings with respect to the complaint filed with our office on July 13, 1992, against the City of East Lansing, Michigan, under title II of the Americans with Disabilities Act (ADA). (Please note the new complaint number.) Your complaint alleges that the City of East Lansing, and, more specifically, East Lansing's paramedics, fire department, and police department, do not adequately address the needs of Individuals with seizure disorders. You point to a specific incident which occurred on X , when you had a seizure and were restrained and taken to the hospital against your will. This letter does not address the other incidents you mentioned in your letter [the deaths of two boys at the University Center Boys Home and the incident at Sparrow Hospital in which you were allegedly given too much valium], as these incidents occurred well before the effective date of the ADA. The Civil Rights Division has completed its investigation of your complaint. our investigation revealed that East Lansing trains its police and paramedics in the handling of individuals who are experiencing seizures. The City of East Lansing requires that paramedics be certified by the State of Michigan. In order to gain this certification, and in order to be recertified every three years, Michigan requires extensive training, which includes lectures, demonstrations, and practice on the handling of individuals with seizure disorders. Additionally, police officers are provided training in first aid, which includes training on the management of individuals experiencing seizures. cc: Records CRS Chrono Friedlander Milton.complnts. X .lof

01-00024 ​ 2 East Lansing also has adopted by ordinance a policy that prohibits discrimination against people with disabilities in public accommodations or public services. The ordinance provides at section 1.127 [3] [b] [i] that a person shall not "Deny an individual the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation or public service because of . . . handicap . . . ." This policy applies to all services provided by the City, including police, fire, and paramedic services. This policy provides for a dispute resolution process which is in addition to the dispute resolution process provided for in the City's ADA grievance process. Furthermore, the City of East Lansing has worked directly with you in the past to provide training to businesses and City departments on the needs of persons with seizure disorders. A chart used in the training was mailed to businesses in the City so that, in the event business operators could not get the training directly, they would at least have a copy of the instructional chart. With regards to the incident of X , the evidence indicates that the actions of the police and the paramedics were not discriminatory. You had apparently had many seizures in the past which had not been treated with restraint and hospitalization. In this instance, you had hit your head fairly hard, and the police and paramedics were concerned by your combativeness upon coming out of the seizure, which is something you had not exhibited in the past. Additionally, you informed the paramedics that you had had twenty-two seizures in the past month, and they were concerned that your medication was no longer appropriate and that you might be suffering from low blood sugar. There is no evidence, and you make no allegation, that the restraint of the police or the paramedics was excessive. Finally, Gary Eisenberg, a Human Relations Specialist with the City of East Lansing, has had a working relationship with you for six years. During this time he has mediated many disputes for you and helped you make East Lansing law enforcement and public service employees aware of your needs. In May of 1992, after experiencing many intense seizures and almost falling down

a flight of stairs, you called Mr. Eisenberg to get his help. He suggested that you get definitive written instructions from your doctor concerning the proper treatment of your seizures that could be communicated to police, paramedics, and public service employees. This letter, dated June 12, 1992, written by Drs X and X , who regularly treat you, confirms that, in some instances, appropriate treatment may require acute medical management. Based on this letter, the City could not be expected to preclude the possibility of hospital treatment in certain circumstances. 01-00025 3 Based on the foregoing information, we have concluded that East Lansing has adequately addressed the needs of individuals with seizure disorders. 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. This letter does not address other potential claims of discrimination on the basis of disability that may arise from the activities of East Lansing's paramedics, fire department, and police department. Rather, this letter is limited to the allegations presented in your complaint. 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 that could constitute an unwarranted invasion of your or other's privacy. Sincerely,

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

cc: Michael Benedict Director of Personnel and Human Relations City of East Lansing 01-00026