U.S.

Department of Justice

Civil Rights Division

Disability Rights Section

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

DEC 18, 1995

XX
North Royalton, Ohio 44133

Dear XX

On April 20, 1995, we received your complaint of

discrimination against the City of North Royalton, Ohio. In your
complaint, you alleged that various North Royalton city officials
have discriminated against you on the basis of disability by
failing to expedite or otherwise establish or amend policies and
procedures that would result in the installation of a city
(Cleveland) water main along Cady Road.

Under the Americans with Disabilities Act (ADA), this

Department is authorized to investigate alleged violations of
title II, which prohibits discrimination on the basis of
disability by public entities. Pursuant to our title II
authority, we opened your complaint (DOJ XX ) after
determining it was complete and timely filed.

Staff from the Disability Rights Section, Civil Rights

Division, has now thoroughly reviewed your allegations. Based on
that review, we are administratively closing your complaint with
this office because your allegations are not sufficient to state
a claim that the ADA has been violated. Under title II, a public
entity may not deny services to individuals on the basis of
disability, if it makes those services available to other
citizens. Generally, however, it is not required to provide
special programs, services, or privileges for individuals with
disabilities if it does not provide them for individuals without
disabilities. With respect to your allegations, the response by
North Royalton officials to your requests to expedite the
installation of city water along Cady Road does not violate the
ADA because both persons with disabilities and persons without
disabilities are subjected to the same requirements. While we
understand your concerns about water quality and the benefits of
obtaining city water in your residential area, the nature of
North Royalton's response to your initiatives is insufficient to
constitute discrimination under the law.

01-04094

-2-

The Department of Justice will take no further action in

this matter and has administratively closed your complaint as of
the date of this letter. You have the right to file a private
lawsuit in the appropriate United States District Court under
title II, and do not need any approval letter from the Department
of Justice before proceeding. Generally, title II has provisions
for the prevailing party to recover attorney fees and court
costs.

You also may seek to resolve your complaint by continuing to

consult with the State or local authorities involved, disability
rights organizations, or organizations that provide alternative
dispute resolution services (such as mediation or negotiation).
We have enclosed a list of organizations serving your area.
These groups may be able to identify resources available to
provide you with assistance. The local or State bar association
also may be able to give the names of private attorneys or
mediation services. The mediation process and information on
securing a local mediator are summarized in the enclosed brochure
"Want to Resolve Your ADA Complaint? Consider Mediation."

To assist members of the public to understand their rights

and responsibilities under the ADA, the Department of Justice
operates an ADA information line (800-514-0301 (voice) or 800-
514-0383 (TDD)). Members of the Disability Rights Section staff
are available to answer questions on the information line on
Monday, Tuesday, Wednesday, and Friday from 10:00 a.m. to 6:00
p.m., Eastern time. On Thursday, the information line is staffed
from 1:00 p.m. to 6:00 p.m.

I hope this information is helpful to you.

Sincerely,
 John L. Wodatch
Chief
Disability Rights Section

Enclosures

01-04095
DEC 21, 1995

The Honorable Mike DeWine

United States Senator
200 North High Street, Room 405
Columbus, Ohio 43215

Dear Senator DeWine:

I am responding to your request concerning the complaint

filed with the Department of Justice by your constituent,
XX . She alleged that
North Royalton city officials discriminated against her on the
basis of disability in their responses to her requests for
installation of a city water main in her residential area.
Please excuse the delay in responding.

Enclosed is a copy of our recent letter to XX

following review of her complaint pursuant to our authority under
title II of the Americans with Disabilities Act. It explains our
determinations regarding this matter.

We hope this information will assist you in responding to

your constituent.

Sincerely,
 Deval L. Patrick
Assistant Attorney General
Civil Rights Division

Enclosure

01-04096

October 13, 1995

Senator Mike DeWine

200 N. High Street, Room 405
Columbus, Ohio 43215

Dear Senator DeWine:

I am writing to request that you make an urgent inquiry to the Department of

Justice in Washington concerning a complaint I filed against the city of N.
Royalton for discrimination and failure to modify policy and procedure under
Title II A.D.A. Law. I have had to live without water in my home for almost a
year because of methane gas in the well water which causes life threatening
problems because of my disability.
I will be pleased to furnish your staff with any additional information and I
am sure my physician would be willing to do the same.

Thank you for your kind assistance.

Sincerely,

XX

01-04097

​October 13, 1995

To:
George V. Voinovich, Governor, State of Ohio
Peter Somani, M.D., Director Ohio Department of Health
Donald R. Schregardus, Director, Ohio EPA
Timothy Horrigan, Health Commissioner, Cuyahoga County Board of
Health

From: XX
Citizen, State of Ohio, City of N. Royalton in Cuyahoga County

As you all know, I have been involved in a very difficult situation because
there are explosive levels of methane gas in my well water (it ignites with a
match and causes me to black out). I received absolutely no help from any of
the above agencies toward the resolution of this problem (regardless of what
you may hear or what has been put in the paperwork). The only resolution to
this problem is to replace my well water with a city water line (which is four
or five houses away from me and within 1200 ft.) and all of the above agencies
deny any responsibility and fail to cite the city of N. Royalton for health
and safety hazards.

I filed with the Environmental Board of Review who is now investigating and
hopefully they can let me know who is in charge and who does have the
authority.
In the meantime, I can only say that I am shocked by the amount of time and
money being spent by all of the above agencies to fight me in their attempts
to dismiss my "case" with the EBR. IF JUST A FRACTION OF THE TIME AND
TAXPAYER
MONEY (for attorneys, briefs, pleadings, hearings, etc.) BEING SPENT TO FIGHT
ME WAS USED INSTEAD TO ASSIST ME, THE PROBLEM OF NOT HAVING
A WATER LINE IN
FRONT OF MY HOME WOULD BE RESOLVED BY NOW.

I would like to ask all of you what you would like to have done if you were to
find yourself in this appalling situation? And then I would like to ask you -
will you do just that for me? In addition, I am legally disabled with MCS -
Multiple Chemical Sensitivity) and exposures to methane gas place me in a life
threating position.

There is no sense in spending any more tax dollars and ignoring the fact that
all Ohio citizens should be covered under the Safe Drinking Water Act and that
disabled persons have special needs. Will you all please give me your help and
support? The City of N. Royalton will not provide its citizens with water
lines (even though we are willing to be assessed for it). Someone must mandate
the city of N. Royalton to furnish us the water lines. The city's own rules
say they will accept a mandate from the EPA or the Board of Health to furnish
us with one and I am at a loss as to understand why they are not being
mandated to do so? Anyone can call the local poison control center and learn
of the many health effects caused by exposure to methane gas, including
cyanosis!

XX XX
01-04098