U.S.

Department of Justice

Civil Rights Division

Coordination and Review Section

P.O. Box 66118

Washington, DC 20035-6118

FEB 4 1994 (STAMPED)

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RE: Complaint Number X [formerly X ]

Dear Mr. X :

This Letter of Findings responds to the complaint you filed

against the Seattle Police Department alleging discrimination on
the basis of disability. Specifically, your complaint alleged
that on April 30, 1992, you visited the Seattle Police
Department, Records Division, to inspect various public records.
You stated that, upon asking the attending clerk to permit you to
review the Public Records Index, the clerk gave you the index
file and informed you that you had to inspect it at the counter.
You further alleged that you explained to the clerk that you were
disabled and unable to inspect the file while you were standing.
You asked to be allowed to sit at a nearby table. This request
was denied.

We received a response to our data request from the Seattle

Police Department, which included a copy of its current pertinent
policies and procedures for complying with the requirements under
the Americans with Disabilities Act [ADA]. In a letter to you
dated June 30, 1992, from Captain R. Nelson, Records and Evidence
Division of the Seattle Police Department, you were informed that
the desk and chair you referred to do not belong to the Seattle
Police Department; rather, they belong to the Public Defender's
Office. However, he stated that arrangements could have been
made for you to use them or, alternatively, the manager's office
for your review of the Public Record Index. Furthermore, the
letter states that the specifics of your allegations had been
reviewed by the clerk's supervisor. The supervisor informed the
clerk of the appropriate way to accommodate an individual with a
disability in the future.

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Mr. Richard Waters of my staff informed you during a

telephone conversation on August 30, 1993, that he had spoken
with the entity and explained that the entity was apologetic
about the incident and assured us that what had happened to you
was totally inconsistent with its current policies and procedures
regarding the accommodation of persons with disabilities. The
Police Department provided assurances that the situation would
not reoccur. Additionally, our review of the entity's policies
and procedures, as well as the action it took in response to your
complaint, supports the Police Department's assertion that the
refusal to accommodate you was inconsistent with its stated
policy and was an isolated event.

Therefore, we have determined that the issues you have

raised have been resolved and that the Seattle Police Department
is in compliance with title II with respect to this matter. If
you are dissatisfied with our determination, you may file a
private complaint in the appropriate 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 the Seattle Police Department. Rather, this letter
is limited to the allegations presented in your complaint.

With respect to the questions you raised in your letter of

May 14, 1993, our investigation procedures manual is in draft
form and is presently being revised. We have closed complaints
filed with this office when the complainant filed the same
complaint in Federal court. In instances in which we learn that
the same complaint is under active investigation by a State or
local agency, we generally suspend cur investigation until the
other agency's investigation is complete. At that time, we
review their findings and determine whether further investigation
by DOJ is appropriate.

You should be aware that no one may intimidate, threaten, or

coerce, or engage in other discriminatory conduct against anyone
because he or she has either taken action or participated in an
action to secure rights protected by the ADA. Any individual
alleging such harassment or intimidation may file a complaint
with the Department of Justice. We would investigate such a
complaint if the situation warrants.

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Under the Freedom of Information Act, it may be necessary to

release this document and related correspondence and records upon
request. In the event that we receive such a request, we will
seek to protect, to the extent provided by law, personal
information which, if released, could constitute an unwarranted
invasion of privacy.

Sincerely,

(SIGNATURE)

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

cc: Andrew J. Lofton

Deputy Chief of Staff
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