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

-2-

I 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