AUG 2 1993 T. 7/28/93 XXXX XXXX XXXX Re: Complaint Number XXXX Dear Mr.

XXXX This letter constitutes the Department of Justice's Letter of Findings with respect to your complaint against the Huerfano County Sheriff's Office under title II of the Americans with Disabilities Act [ADA]. Your complaint alleges that the Sheriff's Office visiting room is inaccessible to individuals using wheelchairs and that you have been denied access to your clients because of your disability when you have tried to visit. The Civil Rights Division has completed its investigation of your complaint. Our investigation revealed that Sheriff Martinez removed the barriers to access in the visiting room several months ago by removing a stool from the visiting room that made it inaccessible to people using wheelchairs. You verified in a telephone conversation with Naomi Milton, of my staff, on June 7, 1993, that the visiting room was now fully accessible. Your allegations of inaccessibility have thus been resolved. Furthermore, Sheriff Martinez asserted that you had only been denied access to the visiting room once, and that that was not because of your disability but because your client was violent and didn't want to see you. You do not dispute this information. We therefore find that the Sheriff's office did not violate title II of the ADA when you were denied access to your client. Based on the foregoing information, we have concluded that your allegations of discrimination by the Huerfano County Sheriff's Office have either been resolved or do not constitute violations of the ADA. However, 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.

cc: Records CRS Chrono Friedlander Milton.complnts.XXX.1oft Payne Keenan FOIA Breen 01-00062 -2This letter does not address other potential claims of discrimination on the basis of disability that may arise from the activities of the Huerfano County Sheriff's Office. Rather, this letter is limited to the allegations presented in your complaint. You should be aware that Federal law protects your right 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, we urge you to let us know immediately. This office would investigate such a complaint if the situation warrants. 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 other's privacy. If you have any questions concerning this letter, please feel free to call Naomi Milton at (202) 514-9807. Sincerely,

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

cc: Sheriff Harold Martinez Huerfano County Sheriff's Office

01-00063