AUG 19 1993

Ms. Brenda K. Jacobs

Clark County Election Department
1860 S. Sahara Avenue
Las Vegas, Nevada 89104-3760

RE: Complaint Number XXX

Dear Ms. Jacobs:

This letter constitutes our Letter of Findings with respect

to a complaint filed with the Department of Justice, Civil Rights
Division, Coordination and Review Section, against the Clark
County Election Department. As you are aware, a complaint was
filed with this office alleging that the Election Department
failed to provide access to the polling site at the Las Vegas
High School Auditorium, in violation of title II of the Americans
with Disabilities Act of 1990 (ADA). As a result, an individual
with a mobility impairment had to vote in the hallway.

The Coordination and Review Section of the United States

Department of Justice is responsible for investigating complaints
of discrimination under title II for which it is the designated
agency.

Following our notification to you of our receipt of this

complaint, you provided a copy of your curbside voting policy for
Clark County. We have reviewed this policy and concluded that it
does not violate title II of the ADA. Section 35.149 of the
enclosed title II regulation requires accessibility to programs,
services, and activities in facilities existing on the effective
date of the statute, January 26, 1992. The principal focus of
the program accessibility standard is access to programs,
services, and activities, as opposed to access to physical
structures. Therefore, existing polling places are not required
01-00073

-2-
to be accessible, provided that alternative methods are effective
in enabling individuals with disabilities to cast a ballot on the
day of the election. The Clark County policy of taking the
ballot outside to a voter who is unable to enter the polling
place is an acceptable method of providing program access.

Because Clark County has a curbside voting policy in place

that meets the requirements of title II of the ADA, we are
closing our file in this case as of the date of this letter.

We are obligated to inform you that if any individual is

harassed or intimidated because of the filing of a complaint or
the participation in the investigation of a complaint, such an
individual may file a complaint alleging such harassment or
intimidation. The allegation of harassment or intimidation would
be investigated as a separate complaint.

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.

We appreciate your cooperation with the Department of

Justice in this matter. If you have any questions concerning
this letter, please contact Ms. Linda King, the investigator
assigned to your case, who can be reached at (202) 307-2231
(Voice) or (202) 307-2678 (TDD) (these are not toll-free numbers).

Sincerely

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

01-00074

AUG 19 1993

Mr. Anthony Farris

Comprehensive Vocational Rehabilitative
Service
3340 S. Topaz, Suite 110
Las Vegas, Nevada 89121

RE: Complaint Number XXX

Dear Mr. Farris:

 This letter constitutes our Letter of Findings concerning
your complaint filed an behalf of XXX against the Clark
County Election Department, alleging violations of the Americans
with Disabilities Act of 1990 (ADA). Under title II of the ADA,
State and local governments may not discriminate against
qualified individuals with disabilities on the basis of
disability. Specifically, you allege that XXX , who has a
mobility impairment, was unable to access the polling site at the
Las Vegas High School Auditorium because there were two sets of
stairs leading to the auditorium. Consequently, she had to vote
in the hallway and had no privacy.

The Coordination and Review Section of the United States

Department of Justice, Civil Rights Division, is responsible for
investigating complaints of discrimination under title II for
which it is the designated agency.

Following receipt of your complaint, this office contacted

the Polling Place Operations office of the Clark County Election
Department. That office advised us that Clark County has a
curbside voting policy in place, which provides voters with
disabilities access to the ballot box if they are unable to
access the polling place or are unable to come into the polling
place. The Election Department sent us a copy of this policy.

01-00075
 -2
We have reviewed the Clark County voting policy and
determined that it does not violate title II of the ADA. Section
35.149 of the enclosed title II regulation requires accessibility
of services, programs, and activities in facilities existing on
the effective date of the statute, January 26, 1992. The
principal focus of the program accessibility standard is access
to programs, services, and activities, as opposed to access to
physical structures. Therefore, existing polling places are not
required to be accessible, provided that alternative methods are
effective in enabling individuals with disabilities to cast a
ballot on the day of the election. The Clark County policy of
taking the ballot outside to a voter who is unable to enter the
polling place is an acceptable method of providing program
access.

We have determined that the Clark County Election Department

has a curbside voting policy in place that meets the requirements
of title II of the ADA. If you are dissatisfied with cur
findings, you may file a private complaint in the appropriate
United States District Court under title II of the ADA.

You should be aware that Federal law protects your rights to

file a complaint. A State or local government or recipient of
Federal financial assistance may not intimidate, threaten,
coerce, or engage in other discriminatory conduct against anyone
who has either taken action or participated in an action to
secure rights protected by the ADA or section 504. If at any
time you feel you are being harassed or intimidated because of
your dealings with the Department of Justice. You may file a
complaint with this office. This office would investigate such a
complaint if the situation warrants.

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.

If you have any questions concerning this letter, please

contact Ms. Linda King, the investigator assigned to your case,
who can be reached at (202) 307-2231 (Voice) or (202) 307-2678
(TDD) (these are not toll-free numbers).

Sincerely,

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

01-00076