McLEOD, MCLEOD & McLEOD, P.A.

ATTORNEYS AT LAW

POST OFFICE DRAWER 950

APOPKA, FLORIDA 32704
JOHNIE A. MCLEOD September 1, 1993
RAYMOND A. McLEOD 48 E MAIN STREET
WILLIAM J. MCLEOD TELEPHONE (407) 886-3300
JAMES S. CURRY FAX (407) 886-0087

Honorable Janet Reno

Attorney General of the United States
Department of Justice
10th & Constitution Avenue, N.W.
Washington, D.C. 20530

Re: Americans With Disabilities Act of 1990

Dear Ms. Attorney General:

This letter comes to you in request of information concerning

the notice requirements of the Americans With Disabilities Act
("ADA').

As you are aware, part of the requirements of the ADA is the

inclusion of certain language within all notices of court related
proceedings informing the individual who may be disabled that
accommodations can be made for their attendance. Said notice is
also to provide a telephone number of the court administrator
through whom such accommodations are to be made.

On April 15, 1993, in the Ninth Judicial Circuit, in and for

Orange County, Florida, then Chief Judge Frederick Pfeiffer entered
his Administrative Order implementing said notice requirement. A
copy of said order is enclosed.

We feel the notice requirement is appropriate and have

complied since that date. My question to your office is two-fold.
One, is there a separate requirement within the ADA mandating that
Orders such as the one enclosed be entered to implement the notice
requirement; and Two, what are the penalties/sanctions to be
posed against a party who fails to include the notice requirement.

We have contacted the Court Administrator for the Ninth

Judicial Circuit who informed us that she knew of no mandate to
enter the subject Order nor penalty or sanction to be imposed for
failure to include the notice requirement. We have conducted
additional research into the area of penalties/sanctions for non-
compliance but have not been successful in identifying those areas
within the ADA. We find it difficult to believe that a mandated
requirement of an act such as the ADA would not have any teeth.

01-02676

HONORABLE JANET RENO

ATTORNEY GENERAL OF THE UNITED STATES
September 1, 1993
Page Two

I would ask that your office direct us to the appropriate

document(s) which might contain the information we seek, or, if
they are readily available, to please send us copies of same. As
noted above, we have reviewed those portions of the ADA available
to us and do not find the mandate or any provision for
penalties/sanctions.

Should your office require any further information in

responding to this request please contact us. Your valuable time
and consideration in this request is greatly appreciated. Awaiting
your reply, I remain,

Very Truly Yours,

James S. Curry

JSC/
enc.

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