DEC 17 1992 The Honorable Mel Levine Member, U.S.

House of Representatives 5250 West Century Boulevard Suite 447 Los Angeles, California 90045 Attention: Joan Lerner Dear Congressman Levine: This letter is in response to your inquiry on behalf of (b)(6) xx , concerning the protections afforded by the Americans with Disabilities Act to persons with memory impairments. The Americans with Disabilities Act of 1990 ("ADA") authorizes the Department of Justice to provide technical assistance to individuals and entities having rights or obligations under the Act. This letter provides informal guidance to assist your constituent in understanding the ADA's requirements. However, it does not constitute a legal interpretation, and it is not binding on the Department. The ADA defines "disability" to include any physical or mental impairment that substantially limits one or more of an individual's major life activities, such as walking, seeing, hearing, speaking, breathing, learning, working, or caring for oneself. The definition is a broad one, and includes persons with brain injuries if their injury substantially limits one or more of their major life activities. Accordingly, such a person would be entitled to all of the protections of the ADA, including its general prohibitions against discrimination by both public and private entities, and the requirement to make reasonable modifications in policies and procedures where necessary to provide equal opportunity. Enclosed are the Department's Title II and Title III Technical Assistance Manuals and the Department's implementing regulations for further guidance. A discussion of the definition of disability may be found on pages 3-5 of the Title II Technical

cc: Records; Chrono; Wodatch; McDowney; Contois; FOIA; MAF. :udd:contois:cgl:cgl.levine

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-2Assistance Manual and pages 8-10 of the Title III Technical Assistance Manual, and on pages 35,698-35,700 of the Title II regulation, and pages 35,548-35,550 of the Title III regulation. Both of the Technical Assistance Manuals and both of the regulations provide extended discussions of the ADA's general and specific prohibitions of discrimination against persons with disabilities. I hope this information is useful to you in responding to your constituent. Sincerely,

John R. Dunne Assistant Attorney General Civil Rights Division

Enclosures (4)

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7TH DISTRICT CALIFORNIA OFFICE ILLEGIBLE TELEPHONE: COMMITTEE ON ILLEGIBLE ILLEGIBLE BOULEVARD

132 ILLEGIBLE HOUSE ILLEGIBLE ILLEGIBLE ILLEGIBLE DISTRICT OFFICE: WEST CENTURY LOS ANGELES, CA TELEPHONE

SUITE ILLEGIBLE COMMITTEE ON THE JUDICIARY ILLEGIBLE SELECT COMMITTEE ON NARCOTICS ILLEGIBLE ABUSE AND CONTROL ILLEGIBLE CO-CHAIR HOUSE ILLEGIBLE TASK FORCE Congress of the United States House of Representatives Washington, DC 20515 TELEFAX COVER SHEET

TO: (Handwritten)

John Wodatch

FROM: DISTRICT OFFICE, REPRESENTATIVE MEL LEVINE CONTACT: (Handwritten) Joan (ILLEGIBLE)

PHONE: (213) 410-9415 FAX: (213) 649-2308 (310) NUMBER OF PAGES INCLUDING COVER 16 MESSAGE: October 16, 1992 Dear Mr. Wodatch: I am faxing the following information and request to you on behalf of constituent XX , a head injury victim who has been in touch with this office for many years. I am sending material at his request XX has requested a letter from Bobby Silverstein at the Subcommittee on Disability Policy clarifying the ADA bill on three specific issues. Attached is the letter that Linda Hinton sent to XX . This letter was not helpful to (b)(6)xx and Bobby suggested that perhaps you would be the correct person to address his request. He would like to have a letter suitable to present to legal representatives or any agencies he may need to contact in the future for assistance with his memory impairment including the issue of telecommunication i.e. transcripts being made available at public forums etc. He has included letters he received from legal advocates turning him down for assistance and letters he has written stating needs of the memory impaired. Bobby had assured him that his needs are included in the ADA and basically he wants something specific in lay man's language to point out to agencies that they must adhere to the ADA and assist him. Anything appropriate you can do for him would be greatly appreciated. Thank you so much for taking time out from your busy schedule to consider this request.

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EDWARD M. KENNEDY, MASSACHUSETTS, CHAIRMAN ILLEGIBLE, RHODE ISLAND ILLEGIBLE, UTAH HOWARD M. ILLEGIBLE, OHIO NANCY LANDOW ILLEGIBLE, KANSAS CHRISTOPHER J. DODD, CONNECTICUT ILLEGIBLE, VERMONT ILLEGIBLE, ILLINOIS DAN COATE, INDIANA TOM ILLEGIBLE, IOWA ILLEGIBLE, SOUTH CAROLINA

ILLEGIBLE, WASHINGTON DAVE ILLEGIBLE, MINNESOTA ILLEGIBLE, MARYLAND THAD COCHRANE, MISSISSIPPI JEFF ILLEGIBLE, NEW MEXICO United States Senate ILLEGIBLE, STAFF DIRECTOR AND CHIEF ILLEGIBLE COMMITTEE ON LABOR AND ILLEGIBLE A. IVERSON, MINORITY STAFF DIRECTOR HUMAN RESOURCES WASHINGTON, DC 20510-6300 September 25, 1992 (b)(6) XX Marina Del Ray, CA 90295 Dear XX , Enclosed is a copy of the section of S. 3065, the Rehabilitation Act Amendments of 1992, relating to the Protection and Advocacy of Individual Rights. I have also included the report language that explains the rationale for the changes that are made by this legislation. S. 3065 addresses the concern that there are individuals with disabilities who are not served by the current protection and advocacy system. In addition, S. 3065 reiterates the principles of the Americans with Disabilities Act in the findings, purpose, and policy section of the bill. A copy of this section is also enclosed. This section specifically addresses your concern that materials be accessible to persons with disabilities. The values expressed in this section are repeated throughout S. 3065. I hope this information is helpful to you. We are currently in the process of working out the differences between the House and Senate versions of the bill so that the reauthorization can be passed before Congress adjourns. Sincerely,

Linda Hinton Legislative Assistant

01-01803 December 20, 1990 Rep. Mel Levine 2443 Rayburn HOB Washington, D.C. 20515 Dear Congressman Levine, I am writing to you as a constituent with a mental impairment. I suffered a brain injury as the result of a violent crime 5 years ago. I am writing for myself and many others who suffer the frustration of day to day life with this type of disability. I am urging you to contact the committee which will implement the Americans with Disabilities Act to inform them of our special needs. Mental impairment is only mentioned one time in the ADA in section 3(2)A. Our needs must be addressed in all public arenas where accommodations are required for the other disabled, hearing impaired, blind and those with ambulatory needs. There are three major areas of concern: public forum, education and legal assistance. Written transcripts should be made available in a timely manner (one week or less). In addition audio tapes should made available at the end of each day forum. In Title II, Section 201,202 Qualified individual with a disability is defined and it is stated that "no qualified individual with a disability shall by reason of such disability, be excluded from participation in or be denied the benefits of the services programs or activities of a public entity, or be subjected to discrimination by any such entity. This definition provides that no "barrier" shall deter these individuals from their rights. Tapes and transcripts are remedies for the barriers of the memory impaired. A liaison should be available at all public functions to assist the needs of people with my disability.

In Title III, section 302(A,B,C,D) Integrated Settings: Opportunity to participate and Administrative methods

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