JUN 29, 1996

JUN 25, 1996

Dear Mr. XX

This letter responds to your letter to President Clinton

about the state of Hawaii's quarantine of guide dogs and other
animals entering the state. We apologize for the delay in
responding to you.

The Americans with Disabilities Act of 1990 ("ADA")

authorizes the Department of Justice to provide technical
assistance to individuals and entities having rights or
obligations under the Act. This letter provides informal
guidance to assist your constituent in understanding the ADA's
requirements. However, it does not constitute a legal
interpretation and it is not binding on the Department.

The Department of Justice is aware of the quarantine imposed

by the state of Hawaii on all carnivores entering the state, and
agrees with you that the quarantine violates the ADA. As the
article enclosed with your letter points out, the quarantine has
been challenged in federal court in Hawaii. The district court
in Hawaii ruled that the ADA did not apply to the quarantine, and
that even if it did apply, the state had complied with the ADA by
"modifying" the quarantine by allowing a person with a disability
to stay in a cottage at the quarantine station.

The parties challenging the quarantine appealed the decision

to the United States Court of Appeals for the Ninth Circuit (the
Circuit court that has appellate jurisdiction for cases decided
by federal district courts in Hawaii). The Department of Justice
filed a friend of the court brief with the Ninth Circuit,
supporting the position of the individuals challenging the
quarantine, and urging the appellate court to reverse the
decision of the lower court. The United States argued in its
brief that the ADA did apply to the quarantine, and that
modifications were needed, and could be made, to allow
individuals with disabilities who use guide dogs to travel freely
to and from Hawaii.

cc: Records; Chrono; Wodatch; Magagna; Contois; McDowney; FOIA

udd\contois\XX
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-2-

The Ninth Circuit ruled that the ADA does apply to the
quarantine, and held that Hawaii's quarantine requirement
"discriminates against visually-impaired individuals by denying
them meaningful access to state services, programs and activities
by reason of their disability in violation of the ADA." The
Ninth Circuit refused to rule, however, on whether the
modifications proposed by the plaintiffs (a system of rabies
vaccinations and antibody tests, accompanied by identifying
microchips) were the kind of reasonable modification required by
the ADA. It has sent the case back to the district court in
Hawaii for further factual inquiries on this issue. The
Department of Justice will continue to monitor the case, and may
again participate in the case, in an effort to compel Hawaii to
comply with the requirements of the ADA.

I hope this information addresses the concerns expressed in

your letter to the President.

Sincerely,

John L. Wodatch
Chief
Disability Rights Section
Civil Rights Division
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XX
February 23, 1996///

The Honorable William Clinton

President of the United States
The White House
1600 Pennsylvania Ave.
Washington, DC

Dear Mr. President:

I am writing you a letter concerning a matter of freedom in the

United States of America that concerns one hundred thousand guide
dog users who are also voters. We must be able to travel the
entire United States of America if the Americans with
Disabilities Act is to be worth the paper that it was writen on.

I am a totally blinded veteran who tried to vacation in the

beautiful state of Hawaii which has been called paradise. I am
an owner of a guide dog by the name of Bubba. We arrived in
Hawaii on Labor Day 1994. While disembarking from the aircraft
and while everyone was being greeted with flower leis I was met
by an officer of the state agricultural department who then
informed me that my guide dog was to be confiscated and to follow
him to a van that was to take me to a warehouse where my guide
dog was to be taken.

I thought that the Americans with Disabilities Act was there to

protect my guide dog as a prosthetic for my individual freedom
and independence which I value as much as life itself. I found
that even with proper vaccination records and documentation this
was not sufficient. They made veiled threats against the life of
my guide dog if I did not comply with the unjust rules of the
state. So after about two hours of a passive sit-in in front of
the cage where they held him, and after they told me that they
were going to dump me off of the airport grounds without a white
cane, I decided to go with them to the animal quarantine station.
I was held in deplorable conditions. I was forced to stay in a
little cottage with an eight foot fence around it. It was
padlocked and there was the overwhelming smell of the 1700
animals waste that I would spend the next twenty days inhaling
with the Trade Winds. I still hear them barking to this day.

I found that many of the rules that govern the station were not
adhered to, and they were given to me in print form and they were
not read to me at all. There were no communication devices
available nor were there any pull cords, fire alarms or
extinguishers.

I was told that I should not have come to Hawaii alone, that most
disabled people come with a sighted guide. I quickly informed
the director of the quarantine station that this is what my guide
dog was for. Then I was told that I would have to pay a
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registration fee of twenty dollars, five dollars a day for one

hundred and twenty days or for the length of my stay and ten
dollars for an health certificate. After adding this and
multiplying this figure by 1700 it came to be about $3,213,000
annually.

/The quarantine station also sold flee powder and different

vaccinations. I found out that the University of Kansas perfected
a test that can detect the rabies strain within forty eight
hours, but they refuse to use it because of the lost monies. I
believe that an individual's freedom is worth more than that. At
least that's why I joined the Marine Corps. It is in that great
tradition that I feel I must be one of the first to fight for the
rights and freedom of all disabled persons that use animal
prosthetics. Now I am blind and can not enjoy my fiftieth state
like any other citizen. Maybe disabled people are really third
class citizens after all. Is the state of Hawaii above the rest
of the United States and free not to follow the rules of the
Americans with Disabilities Act?

I also found out that circus animals do not have to go through

this quarantine, allegedly because those animals are with there
trainers. But I am with my guide dog more than any one is ever
with a lion,elephant or any other circus animal. I also found
out that I can travel to Puerto Rico, Mexico, the Bahamas,
Canada, and a few other countries without having to put my guide
dog in any quarantine or having to notify them of my arrival
thirty days ahead of time. This really bothers me because we are
the United States of America. I guess all that I am asking is
that you, Mr. President, check out the practice and legality of
the state of Hawaii's treatment of disabled people who choose to
use animal prosthetics and force Hawaii to comply with federal
law because disabled persons may what to explore Diamond Head or
run on the beautiful beaches of the island without the hassle of
a one hundred and twenty day delay. As you know, no one can
vacation that length of time. Please read the article
accompanying this letter. I eagerly await your reply. Thank you
very much, Mr. President.

Sincerely,

XX

P.S. Four more Years!

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