Department of Justice Civil Rights Division

Coordination and Review Section P.O. Box 66118 Washington, DC 20035-6118 Aug. 19 1993

Ms. Brenda K. Jacobs Clark County Election Department 1860 E. Sahara Avenue Las Vegas, Nevada 89104-3760 RE: Complaint Number XX Dear Ms. Jacobs: This letter constitutes our Letter of Findings with respect to a complaint filed with the Department of Justice, Civil Rights Division, Coordination and Review Section, against the Clark County Election Department. As you are aware, a complaint was filed with this office alleging that the Election Department failed to provide access to the polling site at the Las Vegas High School Auditorium, in violation of title II of the Americans with Disabilities Act of 1990 (ADA) . As a result, an individual with a mobility impairment had to vote in the hallway. The coordination and Review Section of the United States Department of Justice is responsible for investigating complaints of discrimination under title II for which it is the designated agency. Following our notification to you of our receipt of this complaint, you provided a copy of your curbside voting policy for Clark County. We have reviewed this policy and concluded that it does not violate title II of the ADA. Section 35.149 of the enclosed title II regulation requires accessibility to programs services, and activities in facilities existing on the effective date of the statute, January 26, 1992. The principal focus of the program accessibility standard is access to programs, services, and activities, as opposed to access to physical structures. Therefore,

existing polling places are not required to be accessible, provided that alternative


-2methods are effective in enabling individuals with disabilities to cast a ballot an the day of the election. The Clark County policy of taking the ballot outside to a voter who is unable to enter the polling place is an acceptable method of providing program access. Because Clark County has a curbside voting policy in place that meets the requirements of title II of the ADA, we are closing our file in this case as of the date of this letter. We are obligated to inform you that if any individual is harassed or intimidated because of the filing of a complaint or the participation in the investigation of a complaint, such an individual may file a complaint alleging such harassment or intimidation. The allegation of harassment or intimidation would be investigated as a separate complaint. Under 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. We appreciate your cooperation with the Department of Justice in this matter. If you have any questions concerning this letter, please contact Ms. Linda King, the investigator assigned to your case, who can be reached at (202) 307-2231 (Voice) or (202) 307-267S (TDD) (these are not toll-free numbers). Sincerely,

Stewart B. Oneglia Chief Coordination and Review Section Civil Rights Division