U.S.

Department of Justice

Civil Rights Division

DOJ # XX Disability Rights Section

P.O. Box 66738
Washington, DC 20035-6738

CERTIFIED MAIL
RETURN RECEIPT REQUESTED 10/22/96 (HANDWRITTEN DATE)

Ms. Catherine L. O'Connell

City ADA Coordinator
Fleet and Facilities Administration
2221 Pacific Street
Bellingham, WA 98226

Re: Complaint Number XX

Dear Ms. O'Connell:

This letter constitutes a letter of resolution in regards to

a complaint that was filed with the U.S. Department of Justice
against the City of Bellingham, Washington, alleging violations
of Title II of the Americans with Disabilities Act of 1990 (ADA)
Title II, 42 U.S.C. SS 12131-12134, prohibits discrimination
against qualified individuals with disabilities on the basis of
disability in the services, programs, or activities of State and
local governments.

As an instrumentality of the State or local government, the

City of Bellingham (the "City") is a public entity subject to the
requirements of Title II and its implementing regulation. 28
C.R.F. S 35.104. The U.S. Department of Justice (the
"Department") is responsible for investigation and resolution of
complaints alleging violations of Title II and its implementing
regulation in all programs and services of State and local
governments.

As you are aware, the complaint filed with the Department

alleged that the City: scheduled and held a public meeting for
people with disabilities on August 23, 1993 in an inaccessible
location; failed to develop a self-evaluation plan and a
transition plan; failed to provide individuals with disabilities
an opportunity to participate in the development of the self-
evaluation plan and transition plan; and failed to establish a
grievance procedure for filing complaints alleging violations of
the ADA. Sections 35.105 and 35.150 of the Department's Title II
implementing regulation require that a public entity evaluate its
services, policies, and practices, and the effects thereof;
develop a transition plan in the event that structural changes to
facilities will be undertaken to achieve program access; and

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provide an opportunity to interested persons to participate in

the evaluation process, and the development of the transition
plan. Section 35.107 requires that the entity establish an
effective grievance procedure for providing prompt and equitable
resolution of ADA complaints.

On January 29, 1996, the Department notified the City of the

complaint alleging violations of Title II of the ADA. The
Department requested copies of the City's self-evaluation and
transition plans; documentation indicating that individuals with
disabilities were provided the opportunity to participate in the
plans; documentation that the plans are available for public
inspection; a copy of the City's policy for scheduling public
meetings; and a copy of the City's grievance procedure permitting
individuals to register complaints regarding ADA compliance. The
City provided the Department with written responses to the
request on February 1, 1996, April 19, 1996, and September 18,
1996, including documentation that a self-evaluation and
transition plans had been developed; that individuals with
disabilities were provided the opportunity to participate in both
plans; that the plans are available for inspection by the public
in an accessible location; and that both a City meeting policy
and an ADA grievance procedure had been established since the
date of the alleged complaint.

The Department recommended that the City consider taking

several corrective actions to clarify the public meeting policy;
and to ensure that an effective procedure is established for
filing complaints of ADA non-compliance. The actions the
Department recommended include: modifying the City's written
meeting policy to clarify that all meetings are scheduled in a
readily accessible manner for persons who use wheelchairs;
modifying the City's meeting policy to reflect that deaf or
hearing impaired persons who require interpreters, and who wish
to participate in public meetings but have not given the City 48
hours advance notice to obtain interpreter services, will be
accommodated to the extent that time permits; that in situations
where interpreter services can not be obtained when 48 hours
advance notice has not been given, that it will be up to the
meeting planner to reschedule or continue the meeting, but that
each situation of this type will be dealt with on a case by case
basis. The Department also recommended that the City extend the
time permitted in its grievance procedure for filing complaints
of ADA non-compliance, from 15 days from the date the person
becomes aware of the alleged violation, to 30 days from the date
the person becomes aware of the alleged violation.

The City subsequently provided written and verbal assurances

that they have clarified their meeting policy to reflect that all
public meetings are required to be scheduled in a manner that is
readily accessible to people who use wheelchairs; that
individuals requiring interpreter accommodations will be

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accommodated to the extent possible when 48 hours advance notice

has not been given; and that individuals who wish to file
grievances alleging ADA non-compliance can do so up to 30 dates
from the date the person becomes aware of the alleged violation.

Because of the foregoing, the Department considers this

complaint resolved and has closed its file in regard to the
complaint as of the date of this letter. This letter is not
intended and should not he construed to cover any other issues
regarding compliance with the Title II regulation which may exist
but are not specifically discussed herein.

The Department appreciates the cooperation and assistance by

the City of Bellingham, particularly that extended by Chief Jay
Gunsauls of the Bellingham Fire Department, and Ms. Catherine
O'Connell of the Fleet and Facilities Division, during the course
of this investigation. If you have any questions about this
matter, please contact me at (202) 307-1085, voice or TDD.

Sincerely,

Robin C. Deykes
Investigator
Disability Rights Section

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