AUG 2 1993

T. 7/28/93

XXXX
XXXX
XXXX

Re: Complaint Number XXXX

Dear Mr.XXXX

This letter constitutes the Department of Justice's Letter

of Findings with respect to your complaint against the Huerfano
County Sheriff's Office under title II of the Americans with
Disabilities Act [ADA]. Your complaint alleges that the
Sheriff's Office visiting room is inaccessible to individuals
using wheelchairs and that you have been denied access to your
clients because of your disability when you have tried to visit.

The Civil Rights Division has completed its investigation of

your complaint. Our investigation revealed that Sheriff Martinez
removed the barriers to access in the visiting room several
months ago by removing a stool from the visiting room that made
it inaccessible to people using wheelchairs. You verified in a
telephone conversation with Naomi Milton, of my staff, on June 7,
1993, that the visiting room was now fully accessible. Your
allegations of inaccessibility have thus been resolved.

Furthermore, Sheriff Martinez asserted that you had only

been denied access to the visiting room once, and that that was
not because of your disability but because your client was
violent and didn't want to see you. You do not dispute this
information. We therefore find that the Sheriff's office did not
violate title II of the ADA when you were denied access to your
client.

Based on the foregoing information, we have concluded that

your allegations of discrimination by the Huerfano County
Sheriff's Office have either been resolved or do not constitute
violations of the ADA. However, if you are dissatisfied with our
determination, you may file a private complaint in the United
States District Court under title II of the ADA.
cc: Records CRS Chrono Friedlander Milton.complnts.XXX.1oft
Payne Keenan FOIA Breen

01-00062

-2-
This letter does not address other potential claims of
discrimination on the basis of disability that may arise from the
activities of the Huerfano County Sheriff's Office. Rather, this
letter is limited to the allegations presented in your complaint.

You should be aware that Federal law protects your right to

file a complaint. A State or local government or recipient of
Federal financial assistance may not intimidate, threaten,
coerce, or engage in other discriminatory conduct against anyone
who has either taken action or participated in an action to
secure rights protected by the ADA or section 504. If at any
time you feel you are being harassed or intimidated because of
your dealings with the Department of Justice, we urge you to let
us know immediately. This office would investigate such a
complaint if the situation warrants.

Under the Freedom of Information Act, 5 U.S.C. 522, we may

be required to release this letter and other correspondence and
records related to your complaint in response to a request from a
third party. Should we receive such a request, we will safe-
guard, to the extent permitted by the Freedom of Information Act
and the Privacy Act, the release of information that could
constitute an unwarranted invasion of other's privacy.

If you have any questions concerning this letter, please

feel free to call Naomi Milton at (202) 514-9807.

Sincerely,
 Stewart B. Oneglia
Chief
Coordination and Review Section
Civil Rights Division

cc: Sheriff Harold Martinez

Huerfano County Sheriff's Office

01-00063