U.S. Department of Justice Civil Rights Division Disability Rights Section P.O.

Box 66738 Washington, DC 20035-6738 OCT 16 1996 Chief Charles Abraham New Castle Police Department 230 North Jefferson Street New Castle, Pennsylvania 16101 Re: DOJ Complaint # Dear Chief Abraham: This letter is in reference to a complaint that was filed with the Disability Rights Section, Civil Rights Division of the United States Department of Justice (Department), alleging a violation of title II of the Americans with Disabilities Act of 1990 (ADA) by the New Castle Police Department (NCPD). Title II prohibits discrimination by State and local governments against qualified individuals with disabilities on the basis of disability. Specifically, the complainant had alleged that while questioning her son on in connection with a reported incident of assault, an officer of the NCPD not only failed to take such steps that were necessary to ensure that communications with the complainant's son were as effective as communications with others, but also harrassed the complainant's son because he has hearing and learning disabilities. We have notified the NCPD of the complaint and have reviewed information provided by both the complainant and the NCPD. Title II requires a public entity to take appropriate steps to ensure that communications with members of the public with disabilities are as effective as communications with others. 28 C.F.R. ​ 35.160(a). In order to ensure effective communication and to prevent incidents of discrimination on the basis of disability by its officers, the NCPD adopted and distributed a policy of nondiscrimination on September 12, 1996, that sets forth the standards that the NCPD must meet under the ADA. Additionally, in order to educate its officers further concerning their responsibilities under the ADA, the NCPD has distributed to all of its officers a document that provides examples of situations that may arise in law enforcement activities when interacting

with persons with disabilities and sets forth the actions that are either required or prohibited by the ADA in each of those situations. Because the NCPD has taken appropriate actions to comply with the requirements of the ADA, we are administratively closing CC: Records, Chrono, Shiraki Morrow, Wodatch R. \UDD\A-SHIRAK\MEWCASTL. LOR 2 our file on this case as of the date of this letter. This letter is limited to the matters alleged in the complaint and does not address other potential claims of discrimination on the basis of disability that may arise from the activities of the NCPD. If the complainant is dissatisfied with the outcome of this investigation, she may file a private complaint in the appropriate United States District Court under title II. We appreciate the cooperation that the New Castle Police Department has demonstrated during the course of this investigation. If you have any questions concerning this letter, please call Bill Shiraki, the investigator formally assigned to this complaint, at (202) 305-1118 (voice/TDD). Sincerely,

Bruce Friedman Supervisory Attorney Civil Rights Division Disability Rights Section

cc: Ms.