SEP 10 1993

RE: Complaint Number

Dear Mr. :

This letter constitutes our Letter of Findings with respect

to your complaint filed with our office on January 11, 1993
against the Orangeburg County (South Carolina) Voter Registration
and Election Commission (Commission) under title IT of the
Americans with Disabilities Act (ADA). Title II prohibits
discrimination against qualified individuals with disabilities on
the basis of disability by State and local governments.
Specifically, you allege that your polling place in Livingston,
South Carolina, is inaccessible to persons with mobility
impairments.

The Civil Rights Division has completed its investigation of

your complaint. Our investigation revealed that the State of
South Carolina requires that when a voter with a mobility
impairment is unable to enter the polling place because it is
inaccessible, two managers take the voting list and the voter's
ballot to the voter in his or her vehicle. The voter is allowed
to park the vehicle in the closest available parking area. After
marking the ballot, the voter folds the ballot in half and gives
it to a manager, who deposits it in the ballot box. The
Commission has advised us that it follows these procedures in all
of its elections.

Title II of the ADA, which applies to public entities (State

and local governments), requires "program access," rather than
"facility access," for buildings and facilities existing on the
effective date. A public entity must operate each program,
service, or activity so that the service, program, or activity,
when viewed in its entirety, is readily accessible to and usable

cc: Records, CRS, Chrono, King, Kaltenborn, Payne, Keenan,

Breen, FIOA, Friedlander:dhj T. 8/20/93 revised:8/23/93
9/l/10/93 udd:Kingllld\LOF.XXX
01-00096
-2-

by individuals with disabilities, but is not necessarily required

to make each of its existing facilities accessible to and usable
by individuals with disabilities. 28 C.F.R. 35.150 [the
Department of Justice's regulation implementing title II, 28
C.F.R. pt. 35, a copy of which is enclosed]. Removal of
architectural barriers is one method of providing access to
programs and activities in existing facilities, but other methods
are also permitted if they provide program access. The
"curbside" voting procedure followed by the Commission meets the
requirement for program accessibility because it provides an
equal opportunity for voters with disabilities to cast their
ballots on the day of the election.

If you are aware of instances when the Commission has failed

to follow its procedures for curbside voting, or otherwise has
denied you or another individual with a disability the
opportunity to vote, you may file a complaint concerning that
particular incident with our office.

Based upon our determination that the commission's

procedures for curbside voting meet the requirements of title II,
we are closing your complaint as of the date of this letter. 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.

You should be aware that no one may 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. 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.

Under the Freedom of Information Act, 5 U.S.C. 522, we may

be required to release this letter and other correspondence and
records related to this complaint in response to a request from a
third party. Should we receive such a request, we will safe-
guard, to the extent permitted by the Freedom of Information
Act and the Privacy Act, the release of information which could
constitute an unwarranted invasion of privacy.

01-00097

-3-

Please use the Department of Justice complaint number in all

correspondence and other communications regarding this complaint.
If you have any questions, please contact Linda King at [202]
307-2231.

Sincerely,

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

Enclosure

01-00098
SEP 10 1993

Mr. Earl L. Whelan

Director
Orangeburg County Voter Registration
and Election Commission
P.O. Box 9000
Orangeburg, South Carolina 29116

RE: Complaint Number XXXX

Dear Mr. Whelan:

This letter constitutes our Letter of Findings with respect

to the complaint filed with our office against the Orangeburg
County (South Carolina) Voter Registration and Election
commission (Commission) under title II of the Americans with
Disabilities Act (ADA). Title II prohibits discrimination
against qualified individuals with disabilities on the basis of
disability by State and local governments. As Linda King of my
staff explained to you in a telephone conversation, the
complainant alleges that the polling place in Livingston, South
Carolina, is inaccessible to persons with mobility impairments.

The Civil Rights Division has completed its investigation of

the complaint. Our investigation revealed that the State of
South Carolina requires that when a voter with a mobility
impairment is unable to enter the polling place because it is
inaccessible, two managers take the voting list and the voter's
ballot to the voter in his or her vehicle. The voter is allowed
to park the vehicle in the closest available parking area. After
marking the ballot, the voter folds the ballot in half and gives
it to a manager, who deposits it in the ballot box. The
Commission has stated that it follows these procedures in all its
elections.

Title II of the ADA, which applies to public entities (State

and local governments) , requires "program access," rather than
cc: Records, CRS, chrono, King, Kaltenborn, Payne, Keenan:dhj
Friedlander, Breen, FOIA T. 6/l/93 revised: 6/29/7/12/9
udd\Kingllld\LOFVOT.SC revised: 8/23/93 9/l/93

01-00099

-2
"facility access," for buildings and facilities existing on the
effective date. A public entity must operate each program,
service, or activity so that the service, program, or activity,
when viewed in its entirety, is readily accessible to and usable
by individuals with disabilities, but is not necessarily required
to make each of its existing facilities accessible to and usable
by individuals with disabilities. 28 C.F.R. 35.150 [the
Department of Justice's regulation implementing title II, 28
C.F.R. pt. 35 [copy enclosed]]. Removal of architectural
barriers is one method of providing access to programs and
activities in existing facilities, but other methods are also
permitted if they provide program access. The "curbside" voting
procedure followed by the Commission meets the requirement for
program accessibility because it provides an equal opportunity
for voters with disabilities to cast their ballots on the day of
the election.

You should be aware, however, that your curbside voting

procedure is a permissible alternative only if it is an effective
method of providing access to the program or activity. Thus, if
the Commission failed to follow its procedures for curbside
voting, or otherwise denied an individual with a disability the
opportunity to vote, it would be in violation of title II and an
individual could file a complaint concerning that particular
incident with our office.

You should be aware that no one may 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. 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.

Under the Freedom of Information Act, 5 U.S.C. 522, we may

be required to release this letter and other correspondence and
records related to this complaint in response to a request from a
third party. Should we receive such a request, we will safe-
guard, to the extent permitted by the Freedom of Information
Act and the Privacy Act, the release of information which could
constitute an unwarranted invasion of privacy.

Based upon our determination that the Commission's

procedures for curbside voting meet the requirements of title II,
we are closing or files in this matter as of the date of this

01-00100

-3-
letter. Thank you for your cooperation in this matter. If you
have any questions, please contact Linda King at [202] 307-2231.

Sincerely,

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

Enclosure