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

Box 66738 Washington, DC 20035-6738 DEC 18, 1995 XX North Royalton, Ohio 44133 Dear XX On April 20, 1995, we received your complaint of discrimination against the City of North Royalton, Ohio. In your complaint, you alleged that various North Royalton city officials have discriminated against you on the basis of disability by failing to expedite or otherwise establish or amend policies and procedures that would result in the installation of a city (Cleveland) water main along Cady Road. Under the Americans with Disabilities Act (ADA), this Department is authorized to investigate alleged violations of title II, which prohibits discrimination on the basis of disability by public entities. Pursuant to our title II authority, we opened your complaint (DOJ XX ) after determining it was complete and timely filed. Staff from the Disability Rights Section, Civil Rights Division, has now thoroughly reviewed your allegations. Based on that review, we are administratively closing your complaint with this office because your allegations are not sufficient to state a claim that the ADA has been violated. Under title II, a public entity may not deny services to individuals on the basis of disability, if it makes those services available to other citizens. Generally, however, it is not required to provide special programs, services, or privileges for individuals with disabilities if it does not provide them for individuals without disabilities. With respect to your allegations, the response by North Royalton officials to your requests to expedite the installation of city water along Cady Road does not violate the ADA because both persons with disabilities and persons without

disabilities are subjected to the same requirements. While we understand your concerns about water quality and the benefits of obtaining city water in your residential area, the nature of North Royalton's response to your initiatives is insufficient to constitute discrimination under the law.

01-04094 -2The Department of Justice will take no further action in this matter and has administratively closed your complaint as of the date of this letter. You have the right to file a private lawsuit in the appropriate United States District Court under title II, and do not need any approval letter from the Department of Justice before proceeding. Generally, title II has provisions for the prevailing party to recover attorney fees and court costs. You also may seek to resolve your complaint by continuing to consult with the State or local authorities involved, disability rights organizations, or organizations that provide alternative dispute resolution services (such as mediation or negotiation). We have enclosed a list of organizations serving your area. These groups may be able to identify resources available to provide you with assistance. The local or State bar association also may be able to give the names of private attorneys or mediation services. The mediation process and information on securing a local mediator are summarized in the enclosed brochure "Want to Resolve Your ADA Complaint? Consider Mediation." To assist members of the public to understand their rights and responsibilities under the ADA, the Department of Justice operates an ADA information line (800-514-0301 (voice) or 800514-0383 (TDD)). Members of the Disability Rights Section staff are available to answer questions on the information line on Monday, Tuesday, Wednesday, and Friday from 10:00 a.m. to 6:00 p.m., Eastern time. On Thursday, the information line is staffed from 1:00 p.m. to 6:00 p.m. I hope this information is helpful to you. Sincerely,

John L. Wodatch Chief Disability Rights Section Enclosures

01-04095 DEC 21, 1995 The Honorable Mike DeWine United States Senator 200 North High Street, Room 405 Columbus, Ohio 43215 Dear Senator DeWine: I am responding to your request concerning the complaint filed with the Department of Justice by your constituent, XX . She alleged that North Royalton city officials discriminated against her on the basis of disability in their responses to her requests for installation of a city water main in her residential area. Please excuse the delay in responding. Enclosed is a copy of our recent letter to XX following review of her complaint pursuant to our authority under title II of the Americans with Disabilities Act. It explains our determinations regarding this matter. We hope this information will assist you in responding to your constituent. Sincerely,

Deval L. Patrick Assistant Attorney General Civil Rights Division Enclosure

01-04096 October 13, 1995 Senator Mike DeWine 200 N. High Street, Room 405 Columbus, Ohio 43215 Dear Senator DeWine: I am writing to request that you make an urgent inquiry to the Department of Justice in Washington concerning a complaint I filed against the city of N. Royalton for discrimination and failure to modify policy and procedure under Title II A.D.A. Law. I have had to live without water in my home for almost a year because of methane gas in the well water which causes life threatening problems because of my disability.

I will be pleased to furnish your staff with any additional information and I am sure my physician would be willing to do the same. Thank you for your kind assistance. Sincerely, XX

01-04097 ​October 13, 1995 To: George V. Voinovich, Governor, State of Ohio Peter Somani, M.D., Director Ohio Department of Health Donald R. Schregardus, Director, Ohio EPA Timothy Horrigan, Health Commissioner, Cuyahoga County Board of Health From: XX Citizen, State of Ohio, City of N. Royalton in Cuyahoga County As you all know, I have been involved in a very difficult situation because there are explosive levels of methane gas in my well water (it ignites with a match and causes me to black out). I received absolutely no help from any of the above agencies toward the resolution of this problem (regardless of what you may hear or what has been put in the paperwork). The only resolution to this problem is to replace my well water with a city water line (which is four or five houses away from me and within 1200 ft.) and all of the above agencies deny any responsibility and fail to cite the city of N. Royalton for health and safety hazards. I filed with the Environmental Board of Review who is now investigating and hopefully they can let me know who is in charge and who does have the authority.

In the meantime, I can only say that I am shocked by the amount of time and money being spent by all of the above agencies to fight me in their attempts to dismiss my "case" with the EBR. IF JUST A FRACTION OF THE TIME AND TAXPAYER MONEY (for attorneys, briefs, pleadings, hearings, etc.) BEING SPENT TO FIGHT ME WAS USED INSTEAD TO ASSIST ME, THE PROBLEM OF NOT HAVING A WATER LINE IN FRONT OF MY HOME WOULD BE RESOLVED BY NOW. I would like to ask all of you what you would like to have done if you were to find yourself in this appalling situation? And then I would like to ask you will you do just that for me? In addition, I am legally disabled with MCS Multiple Chemical Sensitivity) and exposures to methane gas place me in a life threating position. There is no sense in spending any more tax dollars and ignoring the fact that all Ohio citizens should be covered under the Safe Drinking Water Act and that disabled persons have special needs. Will you all please give me your help and support? The City of N. Royalton will not provide its citizens with water lines (even though we are willing to be assessed for it). Someone must mandate the city of N. Royalton to furnish us the water lines. The city's own rules say they will accept a mandate from the EPA or the Board of Health to furnish us with one and I am at a loss as to understand why they are not being mandated to do so? Anyone can call the local poison control center and learn of the many health effects caused by exposure to methane gas, including cyanosis! XX 01-04098 XX