U.S.

Department of Justice

Civil Rights Division

Disability Rights Section

DJ#: P.O. Box 66738
Washington, DC 20035-6738
JUL 16 1996
CERTIFIED MAIL - RETURN RECEIPT REQUESTED

Col. Michael D. Robinson

Director
Department of State Police
714 South Harrison Road
East Lansing, Michigan 48823

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Re: XXXXXXXXXXXXXX
Michigan Department of State Police

Dear Col. Robinson and Mr.

This letter constitutes our Letter of Findings under title

II of the Americans with Disabilities Act of 1990 (ADA), 42
U.S.C. ​ 12131-12134. Title II of the ADA, and the Department
of Justice's implementing regulation at 28 C.F.R. Part 35,
prohibits public entities from discriminating against qualified
individuals with disabilities on the basis of disability. As an
instrumentality of a State or local government, the Michigan
Department of State Police is a "public entity" subject to the
requirements of title II of the ADA. 28 C.F.R. 35.104. Our
office enforces title II requirements, as applied to State and
local police departments, through investigation, negotiation,
issuance of Letters of Findings, and, if necessary, referral for
possible litigation.

This matter was initiated by a complaint filed under title

II against the Department of State Police. The complainant
stated that he is deaf and uses a telecommunications device for
the deaf (TDD) for telephone communications. In the complaint,
he alleges that on May 25, 1994, 9:00 p.m., during a tornado
warning, he called the Northville Post ("Post") by a TDD three
times and that the Post failed to answer his calls. He alleges
that subsequent to those calls, he used the Michigan Relay Center
to call the Post and learned that the Post did not have a TDD
He alleges that he asked the police officer who answered his
relayed call to have a TDD installed, but that the Post did not
take such action.

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We have completed our investigation of the complaint. As

discussed below, to correct the areas alleged to be in
noncompliance with title II, the Department of State Police has
established a TDD implementation plan. Therefore, we conclude
that the Department of State Police is now in compliance with the
ADA with respect to the allegations.

FACTS

Our investigation included a review of the Department of

State Police's policies, procedures, and pertinent records
provided by the Department of State Police and the complainant.
Based on our inquiry, we find as follows.

The information we obtained established that the complainant

is deaf and uses a TDD for telephone communication. The
Department of State Police provides 9-1-1 emergency service. The
information confirmed that the Department of State Police did not
provide direct access to its telephone emergency service for
individuals who use TDD'S.

APPLICABLE LEGAL STANDARDS

Public entities offering telephone emergency services,

including 9-1-1 services, must provide "direct access" to
individuals who use TDD'S. 28 C.F.R. 35.162. The Department
of Justice's analysis of the regulation regarding direct access
to 9-1-1 emergency services explains that "Telephone emergency
access thorough a third party or through a relay service would
not satisfy the requirement for direct access. 28 C.F.R.
35.162, App. A at. 464 (1993). See also Department of Justice's
The Americans with Disabilities Act, Title II Technical
Assistance Manual, Covering State and Local Government Programs
and Services, II-7.3100 (1993 & Supp. 1994) ("Direct access"
means that emergency telephone services can directly receive
calls from TDD's . . . without relying on outside relay services
or third party services.).

ANALYSIS AND CONCLUSION

The information we obtained indicates that at the time of

the complainant's call, the Department of State Police did not
have a TDD to provide direct access to its telephone emergency
service. In response, the Department of State Police has
developed a written TTY/TDD implementation plan.

The purpose of the plan is to outline procedures that will

ensure that telephone emergency services provided to individuals
who use TDDs are as effective as those provided to other
telephone users. Under the plan, the Department of State Police
will install a TDD at every work site where direct telephone
calls are received from the public requesting emergency services.

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In order to ensure the proper operation of TDD'S, as well as the

effective processing of TDD callers, the Department will provide
comprehensive training for every dispatcher, including newly
hired dispatchers. The Department of State Police will also
conduct a testing program.

Based on all of the above, we find the Department of State

Police to be in compliance with title II and its implementing
regulation, as to the allegations in the complaint. This case is
closed as of the date of this letter. This determination is not
intended and should not be construed to cover any other issues
regarding compliance with the title II regulation which may
exist, but are not specifically discussed herein.

We appreciate the cooperation and assistance that William A.

Slaughter from the Department of State Police extended to our
office during the course of the investigation. If you have any
questions about this matter, please contact me at (202) 307-
2236.

Sincerely,
 Robert J. Mather
Attorney
Disability Rights Section

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