U.S. Department of Justice Civil Rights Division Coordination and Review Section P.O.

Box 66118 Washington, DC 20035-6118 FEB 4 1994 (STAMPED) XXX XXX XXX RE: Complaint Number X Dear Mr. X : This Letter of Findings responds to the complaint you filed against the Seattle Police Department alleging discrimination on the basis of disability. Specifically, your complaint alleged that on April 30, 1992, you visited the Seattle Police Department, Records Division, to inspect various public records. You stated that, upon asking the attending clerk to permit you to review the Public Records Index, the clerk gave you the index file and informed you that you had to inspect it at the counter. You further alleged that you explained to the clerk that you were disabled and unable to inspect the file while you were standing. You asked to be allowed to sit at a nearby table. This request was denied. We received a response to our data request from the Seattle Police Department, which included a copy of its current pertinent policies and procedures for complying with the requirements under the Americans with Disabilities Act [ADA]. In a letter to you dated June 30, 1992, from Captain R. Nelson, Records and Evidence Division of the Seattle Police Department, you were informed that the desk and chair you referred to do not belong to the Seattle Police Department; rather, they belong to the Public Defender's Office. However, he stated that arrangements could have been [formerly X ]

made for you to use them or, alternatively, the manager's office for your review of the Public Record Index. Furthermore, the letter states that the specifics of your allegations had been reviewed by the clerk's supervisor. The supervisor informed the clerk of the appropriate way to accommodate an individual with a disability in the future.

01-00166 -2Mr. Richard Waters of my staff informed you during a telephone conversation on August 30, 1993, that he had spoken with the entity and explained that the entity was apologetic about the incident and assured us that what had happened to you was totally inconsistent with its current policies and procedures regarding the accommodation of persons with disabilities. The Police Department provided assurances that the situation would not reoccur. Additionally, our review of the entity's policies and procedures, as well as the action it took in response to your complaint, supports the Police Department's assertion that the refusal to accommodate you was inconsistent with its stated policy and was an isolated event. Therefore, we have determined that the issues you have raised have been resolved and that the Seattle Police Department is in compliance with title II with respect to this matter. 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. This letter does not address other potential claims of discrimination on the basis of disability that may arise from the activities of the Seattle Police Department. Rather, this letter is limited to the allegations presented in your complaint. With respect to the questions you raised in your letter of May 14, 1993, our investigation procedures manual is in draft form and is presently being revised. We have closed complaints filed with this office when the complainant filed the same complaint in Federal court. In instances in which we learn that the same complaint is under active investigation by a State or local agency, we generally suspend cur investigation until the

other agency's investigation is complete. At that time, we review their findings and determine whether further investigation by DOJ is appropriate. You should be aware that no one may intimidate, threaten, or 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.

01-00167 -3Under 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. Sincerely, (SIGNATURE) Stewart B. Oneglia Chief Coordination and Review Section Civil Rights Division cc: Andrew J. Lofton Deputy Chief of Staff

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