MAR 20 1996 The Honorable Carol Moseley-Braun United States Senator 230 South Dearborn Street Chicago

, Illinois 60604 Dear Senator Moseley-Braun: This letter is in response to your inquiry on behalf of your constituent, XX , and his concern about the Americans with Disabilities Act (ADA) and service animals in hospitals. Please excuse our delay in responding. Unless it is a religious entity or under the control of a religious organization, a health care facility, such as a hospital, is covered by the provisions of title III of the ADA and the Department's title III regulation as a place of public accommodation (see section 36.104 of the enclosed regulation). According to section 36.302(c), a public accommodation is required to modify policies, practices, or procedures to permit the use of a service animal by an individual with a disability. The regulation does acknowledge that in rare circumstances, if the nature of the goods and services provided or accommodations offered would be fundamentally altered, or if the safe operation of a public accommodation would be jeopardized, a service animal need not be allowed to enter. A showing by appropriate medical personnel that the presence or use of a service animal would pose a significant health risk in certain areas of a hospital may serve as a basis for excluding service animals in those areas. The remaining issues raised by XX letter do not appear to fall within the jurisdiction of the Civil Rights Division. cc: Records, Chrono, Wodatch, McDowney, Hill, FOIA n:\udd\hille\policylt\mosley.XX \sc. young-parran 01-04179 -2I hope this information is helpful in responding to

XX

concerns. Sincerely, Deval L. Patrick Acting Assistant Attorney General Civil Rights Division

Enclosure 01-04180 XX XX Senator Carol Mosely-Braun 320 Hart Building Washington, D.C. 20510 Dear Senator Mosely-Braun: PLEASE, PLEASE HELP US! My wife and I XX because I went to XX Medical Center Emergency Department seeking treatment. My crime was that I took my guide dog with me. According to the ADA I have a legal right to do so. But the minority of visually impaired who use guide dogs are severely discriminated against here in the XX area. Since February everything has seemed like a nightmare. I am enclosing an extensive file documenting discrimination against my wife and me. As you can see from the newspaper articles, we are advocates for the disabled. Although there have been several articles about us, we do not seek publicity. I am visually and hearing impaired with additional disabilities due to a XX injury XX . My wife is an XX and has been disabled since a combination of accidents in XX . Sir, things like this are not supposed to happen in America! Innocent people do not go to jail. Exhibit #30 is further evidence of the intimidation and harassment by the legal system. A person cannot be in two places at the same time. The people who signed the papers saw us at XX. We were always taught in school that the American way of justice gives everyone a fair trial regardless of their economic status. The sad reality is that IT IS A LIE! My wife and I are XX respectively, and have NEVER been in trouble. Our attorney represented us for free. Then he turned his back on us. He told us that he did what he was told to do! I have sought help in the past from State's Attorney Lyons' office regarding acts of physical abuse or discrimination. And his office has always refused. Also the powerful realtors do not like us because of the advocacy work we do. We have registered a formal complaint against Chase Ingersoll for ineffective counsel, discrimination and malfeasance. XX after the verdict. I have

enclosed cassette tapes of legally recorded conversations between Mr. Ingersoll and me. Please listen to the tapes. The enclosed photos are also evidence of brutality by the police. Is there any way you can help us? We have tried several agencies, to no avail. As past members of the XX Army National Guard, we were called upon to assist police agencies during times of trouble. If you need further information, please feel free to contact me at any time. My telephone/fax number is XX Sincerely yours, XX XX /jkw 01-04181