T.

4/8/93
JUN 2 1993

X
X

Re: Old Complaint Number X

New Complaint NumberX

Dear Mr. X:

This letter constitutes the Department of Justice's Letter

of Findings with respect to the complaint filed with our office
on July 13, 1992, against the City of East Lansing, Michigan,
under title II of the Americans with Disabilities Act (ADA).
(Please note the new complaint number.)

Your complaint alleges that the City of East Lansing, and,

more specifically, East Lansing's paramedics, fire department,
and police department, do not adequately address the needs of
Individuals with seizure disorders. You point to a specific
incident which occurred on X , when you had a seizure
and were restrained and taken to the hospital against your will.
This letter does not address the other incidents you mentioned in
your letter [the deaths of two boys at the University Center Boys
Home and the incident at Sparrow Hospital in which you were
allegedly given too much valium], as these incidents occurred
well before the effective date of the ADA.

The Civil Rights Division has completed its investigation of

your complaint. our investigation revealed that East Lansing
trains its police and paramedics in the handling of individuals
who are experiencing seizures. The City of East Lansing requires
that paramedics be certified by the State of Michigan. In order
to gain this certification, and in order to be recertified every
three years, Michigan requires extensive training, which includes
lectures, demonstrations, and practice on the handling of
individuals with seizure disorders. Additionally, police
officers are provided training in first aid, which includes
training on the management of individuals experiencing seizures.

cc: Records CRS Chrono Friedlander Milton.complnts. X .lof

01-00024

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East Lansing also has adopted by ordinance a policy that

prohibits discrimination against people with disabilities in
public accommodations or public services. The ordinance provides
at section 1.127 [3] [b] [i] that a person shall not "Deny an
individual the full and equal enjoyment of the goods, services,
facilities, privileges, advantages, or accommodations of a place
of public accommodation or public service because of . . .
handicap . . . ." This policy applies to all services provided
by the City, including police, fire, and paramedic services.
This policy provides for a dispute resolution process which is in
addition to the dispute resolution process provided for in the
City's ADA grievance process.

Furthermore, the City of East Lansing has worked directly

with you in the past to provide training to businesses and City
departments on the needs of persons with seizure disorders. A
chart used in the training was mailed to businesses in the City
so that, in the event business operators could not get the
training directly, they would at least have a copy of the
instructional chart.

With regards to the incident of X , the evidence

indicates that the actions of the police and the paramedics were
not discriminatory. You had apparently had many seizures in the
past which had not been treated with restraint and
hospitalization. In this instance, you had hit your head fairly
hard, and the police and paramedics were concerned by your
combativeness upon coming out of the seizure, which is something
you had not exhibited in the past. Additionally, you informed
the paramedics that you had had twenty-two seizures in the past
month, and they were concerned that your medication was no longer
appropriate and that you might be suffering from low blood sugar.
There is no evidence, and you make no allegation, that the
restraint of the police or the paramedics was excessive.

Finally, Gary Eisenberg, a Human Relations Specialist with

the City of East Lansing, has had a working relationship with you
for six years. During this time he has mediated many disputes
for you and helped you make East Lansing law enforcement and
public service employees aware of your needs. In May of 1992,
after experiencing many intense seizures and almost falling down
a flight of stairs, you called Mr. Eisenberg to get his help. He
suggested that you get definitive written instructions from your
doctor concerning the proper treatment of your seizures that
could be communicated to police, paramedics, and public service
employees. This letter, dated June 12, 1992, written by
Drs X and X , who regularly treat you, confirms that,
in some instances, appropriate treatment may require acute medical
management. Based on this letter, the City could not be expected
to preclude the possibility of hospital treatment in certain
circumstances.
01-00025
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Based on the foregoing information, we have concluded that

East Lansing has adequately addressed the needs of individuals
with seizure disorders.

This letter constitutes our Letter of Findings with respect

to your allegations of discrimination in your administrative
complaint. 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.

This letter does not address other potential claims of

discrimination on the basis of disability that may arise from the
activities of East Lansing's paramedics, fire department, and
police department. Rather, this letter is limited to the
allegations presented in your complaint.

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 your or other's privacy.

Sincerely,

Stewart B. Oneglia
Chief
Coordination and Review Section
Civil Rights Division
cc: Michael Benedict
Director of Personnel and
Human Relations
City of East Lansing

01-00026