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U.S.

Department of Justice
Civil Rights Division

Disability Rights Section


P.O. Box 66738
Washington, DC 20035-6738

Ms. Linda Worley NOV 5 1996 (STAMPED)


Deputy Court Administrator
Chaves County Court
5th Judicial District
P.0. Box 1776
Roswell, New Mexico 88202

Re: Complaint Number XX

Dear Ms. Worley:

This letter concerns the resolution of the complaint that


was filed against the Chaves County Court, alleging violations
under title II of the Americans with Disabilities Act of 1990,
which prohibits discrimination on the basis of discrimination by
State and local governments. The complainant has alleged that
the Chaves County Court provides access to the Chaves County Law
Library through the issuance of keys, and that this practice
discriminates against persons with disabilities because it
requires individuals to visit the County Clerk's Office to obtain
the keys. The complainant stated that the Clerk's Office is
inaccessible because of two flights of stairs. The complainant
has further stated that there are no parking spaces for disabled
persons in front of the law library.

You informed me on October 16, 1996, that the County Clerk's


Office and the law library are accessible and that two parking
spaces in front of the law library are designated for individuals
with disabilities.

You also informed the Department on an earlier occasion that


the procedure was developed because the library is not staffed
and materials were missing. The procedure requires all persons
seeking to use the library to visit the County Clerk's Office
which is located in the Courthouse. The entrance to the
Courthouse is accessible and there is an elevator that takes
individuals from the entrance to the County Clerk's Office. In
the Clerk's office all potential library users are required to
complete certain documents and to sign a form to obtain a key to
the library. Attorneys and employees of law firms are allowed to

cc: Records, Chrono, Wodatch, Morrow, Sheppard


udd\closure.al2

01-00460

buy a key to the law library for a very small fee. The library
user then goes across the street to use the law library, which is
accessible, and there are two parking spaces for persons with
disabilities in front of the law library.

Based on the foregoing information we have determined that


the Chavis County Court has not violated the ADA. We are
therefore closing our files in this matter, as of the date of
this letter. The Department of Justice will take no further
action in this matter. If you have any questions regarding this
matter please contact me at (202)307-2735 (Voice).

Sincerely,

(SIGNATURE)

Brenda A. Sheppard
Disability Rights Section
Civil Rights Division

01-00461