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FEB 15 1996 The Honorable Frank Pallone, Jr. Member, U.S.

House of Representatives 540 Broadway, Suite 118 Long Branch, New Jersey 07740 Dear Congressman Pallone: I am responding to your recent letter on behalf of your constituent, XX , who asked for your assistance in resolving her allegation that certain entities have discriminated against her on the basis of disability. XX correspondence indicates that she is being discriminated against on the basis of her use of a hearing and guide dog that has not been certified as a service animal by the State of New Jersey. The response to your letter was delayed because of the Federal shutdown. I apologize for any inconvenience to your constituent. As the enclosed Title III Technical Assistance Manual explains at S III-4.2300, title III of the Americans with Disabilities Act (ADA) requires places of public accommodation to make reasonable modifications in their policies to permit use of a service animal by an individual with a disability, unless doing so would result in a fundamental alteration or jeopardize the safe operation of the public accommodation. In addition, title II of the ADA requires State and local government entities to make reasonable modifications in their policies, including those governing service animals, to the extent such modification is necessary to avoid discrimination, unless the entity can demonstrate that the modification would fundamentally alter the nature of its service, program, or activity. Some States and localities provide programs or requirements for certification or licensing of service animals. A place of public accommodation may not insist on proof of State or local certification before permitting the entry of a service animal onto its premises. Similarly, a State or local government agency may not require proof of certification before permitting an individual with a disability to participate in its programs, services, or activities. cc: Records, Chrono, Wodatch, McDowney, Hill, FOIA n:\udd\hille\policylt\pallone.XX \sc. young-parran

01-04146 -2XX has written directly to the Attorney General regarding her complaint. After carefully reviewing her complaint, the Disability Rights Section of the Civil Rights Division has determined that it is appropriate for mediation through a mediation project sponsored by the Department of Justice through its technical assistance grant program. We have informed XX of this determination and have requested her consent to participate in the mediation program. Our letter to XX is attached. I hope this information is helpful to you in responding to your constituent. Sincerely, Deval L. Patrick Assistant Attorney General Civil Rights Division Enclosures 01-04147