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APR 3 1996

The Honorable Dianne Feinstein


United States Senator
1700 Montgomery Street, Suite 305
San Francisco, California 94111

Dear Senator Feinstein:

Staff of the Disability Rights Section, Civil Rights


Division, have reviewed your inquiry on behalf of your
constituent, XX .
XX seeks information about the requirements for access to
Federal Bankruptcy Court. Please excuse our delay in responding.

Section 504 of the Rehabilitation Act of 1973 prohibits


discrimination on the basis of disability. As originally
enacted, Section 504 applies to programs and activities that
receive Federal financial assistance. In 1978, Section 504 was
amended to apply to the operations of the Federal government
itself. However, coverage was limited to agencies within the
Executive branch of government. The United States judiciary was
not covered by Section 504.

The response that XX initially received about


accessing her bankruptcy proceedings probably reflects the fact
that the Federal judiciary is exempt from coverage under Section
504. Nonetheless, while Section 504 does not apply to the
Federal judiciary, most Federal courts operate with policies to
provide access for persons with disabilities. In this regard,
XX should contact the Bankruptcy Court's chief judicial
officer or the clerk's office and request accommodations to
access its proceedings.

Coverage under Section 504 may exist if the bankruptcy


proceeding that XX sought to attend was, in fact, a
program or activity conducted by an Executive agency. The Office
of the United States Trustees, a Department of Justice (DOJ)
component agency, conducts some bankruptcy proceedings on behalf
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of the Federal government. Such proceedings conducted by the


Trustees are subject to Section 504's requirements for program
access as outlined in DOJ's regulations implementing the 1978
amendments to Section 504. These are codified at 28 Code of
Federal Regulations Part 39, and should be available at local
libraries.

If XX bankruptcy proceedings are conducted by the


United States Trustees, a determination about whether or not
Section 504 applies to those proceedings is the responsibility of
the Trustees. XX may seek additional information about
access to her Federal bankruptcy proceedings by contacting:
Mr. Joseph Patchan, Director, Executive Office of the United
States Trustees, Room 700, 901 E Street, N.W., Washington, D.C.
20534, Attention: Ms. Martha L. Davis, Office of General
Counsel, telephone (202) 307-1399.

I hope this information is useful in responding to your


constituent.

Sincerely,

Deval L. Patrick
Assistant Attorney General
Civil Rights Division
01-04191
​ JAN 22 1996

January 4, 1996

Dianne Feinstein, U.S. Senate


Room 331, Hart Senate Office Building
Washington, D.C. 20510

Barbara Boxer, U.S. Senate


Room 112, Hart Senate Office Building
Washington, D.C. 20515

Frank Riggs, Congress


1714 Longworth House Office Building
Washington, D.C. 20515

I am a constituent in your district, and am writing to you to


inform you of a problem I am facing and to request your
assistance.
I have filed bankruptcy papers and my court appearance is
scheduled for XX . This will be held in the U.S.
Post Office Building, 5th and H Streets, XX I am wheelchair
bound and totally unable to stand or even transfer, and this
building is not wheelchair accessible. I called the Bankruptcy
Court Trustee to inform her of my dilemma, and she suggested that
I get someone to carry me up the outside flight of stairs, as
"this is what we've done in the past". She had no other
suggestions. I was also informed that, as this is a federal,
historic building, they are not required by law to be accessible.
As my elected official, I am turning to you to resolve this
problem. Would it be possible to move the Bankruptcy Court to
another site that would accommodate those of us with disabilities?

Sincerely,
XX
01-04192

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