JUN 29, 1996 JUN 25, 1996 Dear Mr.

XX This letter responds to your letter to President Clinton about the state of Hawaii's quarantine of guide dogs and other animals entering the state. We apologize for the delay in responding to you. The Americans with Disabilities Act of 1990 ("ADA") authorizes the Department of Justice to provide technical assistance to individuals and entities having rights or obligations under the Act. This letter provides informal guidance to assist your constituent in understanding the ADA's requirements. However, it does not constitute a legal interpretation and it is not binding on the Department. The Department of Justice is aware of the quarantine imposed by the state of Hawaii on all carnivores entering the state, and agrees with you that the quarantine violates the ADA. As the article enclosed with your letter points out, the quarantine has been challenged in federal court in Hawaii. The district court in Hawaii ruled that the ADA did not apply to the quarantine, and that even if it did apply, the state had complied with the ADA by "modifying" the quarantine by allowing a person with a disability to stay in a cottage at the quarantine station. The parties challenging the quarantine appealed the decision to the United States Court of Appeals for the Ninth Circuit (the Circuit court that has appellate jurisdiction for cases decided by federal district courts in Hawaii). The Department of Justice filed a friend of the court brief with the Ninth Circuit, supporting the position of the individuals challenging the quarantine, and urging the appellate court to reverse the decision of the lower court. The United States argued in its brief that the ADA did apply to the quarantine, and that modifications were needed, and could be made, to allow individuals with disabilities who use guide dogs to travel freely to and from Hawaii. cc: Records; Chrono; Wodatch; Magagna; Contois; McDowney; FOIA udd\contois\XX

01-04292 -2The Ninth Circuit ruled that the ADA does apply to the quarantine, and held that Hawaii's quarantine requirement "discriminates against visually-impaired individuals by denying them meaningful access to state services, programs and activities by reason of their disability in violation of the ADA." The Ninth Circuit refused to rule, however, on whether the modifications proposed by the plaintiffs (a system of rabies vaccinations and antibody tests, accompanied by identifying microchips) were the kind of reasonable modification required by the ADA. It has sent the case back to the district court in Hawaii for further factual inquiries on this issue. The Department of Justice will continue to monitor the case, and may again participate in the case, in an effort to compel Hawaii to comply with the requirements of the ADA. I hope this information addresses the concerns expressed in your letter to the President. Sincerely, John L. Wodatch Chief Disability Rights Section Civil Rights Division

01-04293 XX February 23, 1996/// The Honorable William Clinton President of the United States The White House 1600 Pennsylvania Ave. Washington, DC Dear Mr. President: I am writing you a letter concerning a matter of freedom in the United States of America that concerns one hundred thousand guide dog users who are also voters. We must be able to travel the entire United States of America if the Americans with Disabilities Act is to be worth the paper that it was writen on. I am a totally blinded veteran who tried to vacation in the beautiful state of Hawaii which has been called paradise. I am an owner of a guide dog by the name of Bubba. We arrived in Hawaii on Labor Day 1994. While disembarking from the aircraft and while everyone was being greeted with flower leis I was met by an officer of the state agricultural department who then informed me that my guide dog was to be confiscated and to follow him to a van that was to take me to a warehouse where my guide

dog was to be taken. I thought that the Americans with Disabilities Act was there to protect my guide dog as a prosthetic for my individual freedom and independence which I value as much as life itself. I found that even with proper vaccination records and documentation this was not sufficient. They made veiled threats against the life of my guide dog if I did not comply with the unjust rules of the state. So after about two hours of a passive sit-in in front of the cage where they held him, and after they told me that they were going to dump me off of the airport grounds without a white cane, I decided to go with them to the animal quarantine station. I was held in deplorable conditions. I was forced to stay in a little cottage with an eight foot fence around it. It was padlocked and there was the overwhelming smell of the 1700 animals waste that I would spend the next twenty days inhaling with the Trade Winds. I still hear them barking to this day. I found that many of the rules that govern the station were not adhered to, and they were given to me in print form and they were not read to me at all. There were no communication devices available nor were there any pull cords, fire alarms or extinguishers. I was told that I should not have come to Hawaii alone, that most disabled people come with a sighted guide. I quickly informed the director of the quarantine station that this is what my guide dog was for. Then I was told that I would have to pay a 01-04294 registration fee of twenty dollars, five dollars a day for one hundred and twenty days or for the length of my stay and ten dollars for an health certificate. After adding this and multiplying this figure by 1700 it came to be about $3,213,000 annually. /The quarantine station also sold flee powder and different vaccinations. I found out that the University of Kansas perfected a test that can detect the rabies strain within forty eight hours, but they refuse to use it because of the lost monies. I believe that an individual's freedom is worth more than that. At least that's why I joined the Marine Corps. It is in that great tradition that I feel I must be one of the first to fight for the rights and freedom of all disabled persons that use animal prosthetics. Now I am blind and can not enjoy my fiftieth state

like any other citizen. Maybe disabled people are really third class citizens after all. Is the state of Hawaii above the rest of the United States and free not to follow the rules of the Americans with Disabilities Act? I also found out that circus animals do not have to go through this quarantine, allegedly because those animals are with there trainers. But I am with my guide dog more than any one is ever with a lion,elephant or any other circus animal. I also found out that I can travel to Puerto Rico, Mexico, the Bahamas, Canada, and a few other countries without having to put my guide dog in any quarantine or having to notify them of my arrival thirty days ahead of time. This really bothers me because we are the United States of America. I guess all that I am asking is that you, Mr. President, check out the practice and legality of the state of Hawaii's treatment of disabled people who choose to use animal prosthetics and force Hawaii to comply with federal law because disabled persons may what to explore Diamond Head or run on the beautiful beaches of the island without the hassle of a one hundred and twenty day delay. As you know, no one can vacation that length of time. Please read the article accompanying this letter. I eagerly await your reply. Thank you very much, Mr. President. Sincerely, XX

P.S. Four more Years!