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10/13/92 SK:SBO:kgf DJ# 192-180-11554 OCT 16 1992 The Honorable Alan Cranston United States Senate 112 Hart Senate Office Building Washington, D.C. 20510 ATTN: Melissa Baker Dear Senator Cranston: This responds to your letter requesting a response to your previous correspondence of July 18, 1991, which transmitted an inquiry from Mr. Herb Levine, Program Services Coordinator of the Independent Living Resources Center in San Francisco, California. We regret that we have been unable to locate a record of your previous letter. However, we have ascertained that on behalf of Mr. Levine, you expressed concerns about access to substance abuse treatment programs for individuals with disabilities. Since January 26, 1992 (six months subsequent to Mr. Levine's original inquiry), substance abuse treatment programs offered by State or local governments have been covered by title II of the Americans with Disabilities Act (ADA), which applies to all services, programs, and activities provided by public entities. If the programs receive Federal financial assistance, they are also covered by section 504 of the Rehabilitation Act, which applies to programs and activities that receive Federal financial assistance and to programs and activities conducted by Federal Executive Agencies. Both the ADA and section 504 prohibit discrimination against individuals with disabilities, and their requirements are generally similar. These requirements are explained in the enclosed Technical Assistance Manual for title II. Private entities that operate substance abuse treatment programs are not covered by title II of the ADA, but would be covered by section 504 if they receive Federal financial assistance. Since July 1992, they have also been covered by :udd:kaltenborn:cranston

cc: Records, CRS, FOIA, Friedlander (3), Kaltenborn, Breen 01-01602​ -2title III of the ADA as places of public accommodation. The requirements of title III, which are similar to those of title II, are explained in the enclosed Technical Assistance Manual for title III. If Mr. Levine is aware of specific cases in which the ADA or Section 504 requirements are being violated, he may file a complaint with the appropriate Federal agency. Complaints alleging violations of title II or III of the ADA that have occurred since January 26, 1992, may be filed under the procedures for filing complaints under the ADA as explained in sections II-9.2000 and III-8.3000 of the Manuals. A complaint may be filed by an individual who believes that he or she or a specific class of individuals has been discriminated against, and must describe the alleged discriminatory action in sufficient detail to enable the agency to investigate the allegations. Complaints under section 504 should be filed with the civil rights office of the agency that provides the Federal financial assistance to the program or activity. Also, an individual may file a private suit under title II or III of the ADA or section 504 and is not required to exhaust administrative remedies before doing so. I hope that this information is helpful to you in responding to Mr. Levine. Sincerely, John R. Dunne Assistant Attorney General Civil Rights Division Enclosures (2) 01-01603​ Independent Living RESOURCE CENTER SAN FRANCISCO FREEDOM OF CHOICE FOR INDIVIDUALS WITH DISABILITIES

May 23, 1991 Senator Alan Cranston Stanley K. Yarnell, M.D. Hart Bldg. #112 President of the Board Washington, D.C. 20510 Kathy Uni, M.S., M.P.A. Executive Director Dear Senator Cranston: Enclosed you will find correspondence from San Francisco Community Substance Abuse Services, the San Francisco Task Force on Alcohol, Drugs and Disability and Independent Living Resource Center relating to serious concerns about access to substance abuse treatment programs for people with disabilities. We are dismayed and alarmed that the substance abuse treatment system may be largely inaccessible to people with disabilities. Reports from the Little Hoover Commission, State Alcohol and Drug Programs and the California Attorney General's Commission on Disability speak of such lack of access. Is ADA to be a sign of change or empty ILLEGIBLE? Does the War on Drugs exclude people with disabilities? We request the advocacy of your office to demand a prompt compliance review, evaluation and monitoring of San Francisco Community Abuse Services by the office of Civil Rights with a firm action plan to address areas where compliance is lacking. We trust that you will see this request as consistent with your record of concern with and advocacy for the rights of people with disabilities. Yours truly, Herb Levine Program Services Coordinator csc4/represv.ltr 70 - 10th Street, San Francisco, CA 94103 * (415) 863-0581 (415) ILLEGIBLE (TDD) 01-01604​Independent Living RESOURCE CENTER SAN FRANCISCO

FREEDOM OF CHOICE FOR INDIVIDUALS WITH DISABILITIES May 23, 1994 Jonathan Botelho Branch Chief, Investigations Division Stanley K. Yarnell, M.D. Dept. of Health and Human Services President of the Board Office of Civil Rights Kathy Uni, M.S., M.P.A. 50 United Nations Plaza Executive Director San Francisco, CA 94102

Dear Mr. Botelho: Enclosed is a packet of correspondence between the San Francisco Task Force on Alcohol, Drugs and Disability and San Francisco Community Substance Abuse Services regarding 504 compliance and accessibility of facilities, programs and services to people with disabilities. Independent Living Resource Center addresses the following questions to your office: 1. Has there been a compliance evaluation and review since 1978? Was there a plan or agreement to provide accessibility where it did not exist? If so, has this agreement been reviewed for compliance? 2. Is provision of access to the ILLEGIBLE of services by modality an equal benefit? Does there need to exist a priority waiting list for those services which are accessible? 3. If a program is "drug free", is that a discriminatory eligibility criteria for people with disabilities using disability-related medication? 4. Does Independent Living Resource Center have standing to request a compliance review, formal action plan and monitoring of compliance? If so, consider this to be

such a request. If not, what must be done to achieve this? We would appreciate your prompt attention to this matter. Yours truly, Herb Levine Program Services Coordinator Enc. psc4/504compl 70 - 10th Street, San Francisco, CA 94103 * (415) 863-0581 (415) ILLEGIBLE (TDD) 01-01605​ ILLEGIBLE ILLEGIBLE ILLEGIBLE of Comm. Substance Abuse Services ILLEGIBLE Disability Program Coordinator Carol ILLEGIBLE, Board of Supervisors Representative Nancy Peiosi Representative Barbara Boxer Senator John Seymour Senator Alan Cranston psc4/504compl 01-01606