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FEB 15 1996

The Honorable Frank Pallone, Jr.


Member, U.S. House of Representatives
540 Broadway, Suite 118
Long Branch, New Jersey 07740

Dear Congressman Pallone:

I am responding to your recent letter on behalf of your


constituent, XX , who asked for your assistance in
resolving her allegation that certain entities have discriminated
against her on the basis of disability. XX
correspondence indicates that she is being discriminated against
on the basis of her use of a hearing and guide dog that has not
been certified as a service animal by the State of New Jersey.
The response to your letter was delayed because of the Federal
shutdown. I apologize for any inconvenience to your constituent.

As the enclosed Title III Technical Assistance Manual


explains at S III-4.2300, title III of the Americans with
Disabilities Act (ADA) requires places of public accommodation to
make reasonable modifications in their policies to permit use of
a service animal by an individual with a disability, unless doing
so would result in a fundamental alteration or jeopardize the
safe operation of the public accommodation. In addition, title
II of the ADA requires State and local government entities to
make reasonable modifications in their policies, including those
governing service animals, to the extent such modification is
necessary to avoid discrimination, unless the entity can
demonstrate that the modification would fundamentally alter the
nature of its service, program, or activity.

Some States and localities provide programs or requirements


for certification or licensing of service animals. A place of
public accommodation may not insist on proof of State or local
certification before permitting the entry of a service animal
onto its premises. Similarly, a State or local government agency
may not require proof of certification before permitting an
individual with a disability to participate in its programs,
services, or activities.

cc: Records, Chrono, Wodatch, McDowney, Hill, FOIA


n:\udd\hille\policylt\pallone.XX \sc. young-parran
01-04146

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XX has written directly to the Attorney General


regarding her complaint. After carefully reviewing her
complaint, the Disability Rights Section of the Civil Rights
Division has determined that it is appropriate for mediation
through a mediation project sponsored by the Department of
Justice through its technical assistance grant program. We have
informed XX of this determination and have requested her
consent to participate in the mediation program. Our letter to
XX is attached.

I hope this information is helpful to you in responding to


your constituent.

Sincerely,

Deval L. Patrick
Assistant Attorney General
Civil Rights Division

Enclosures
01-04147