2T.

10/21/93 OCT 27 1993

DJ 204-013-00050

James S. Curry, Esquire

McLeod, McLeod & McLeod, P.A.
Post Office Drawer 950
Apopka, Florida 32704

Dear Mr. Curry:

This responds to your letter of September 1, 1993. In your

letter, you seek information on the obligations of the Circuit
Court of Florida, Ninth Circuit, a public entity, to issue a
notice of nondiscrimination on the basis of disability under
title II of the Americans with Disabilities Act (title II).

The Americans with Disabilities Act (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 you in
understanding the ADA's requirements. It does not constitute,
however, a legal interpretation and it is not binding on the
Department.

The Department of Justice issued a regulation implementing

the requirements of title II at 28 C.F.R. Part 35. With respect
to a public entity's obligation to issue a notice of its title II
obligations, the regulation states:

A public entity shall make available to

applicants, participants, beneficiaries, and other
interested persons information regarding the provisions
of this part and its applicability to the services,
programs, or activities of the public entity, and make
such information available to them in such manner as
the head of the entity finds necessary to apprise such
persons of the protections against discrimination
assured them by the Act and this part.

cc: Records, CRS Chrono Friedlander Stewart.curry.ltr

FOIA

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 -2-

28 C.F.R. 35.106. The information you enclosed with your

letter reflects that the Chief Judge of the Circuit Court of
Florida, Ninth Circuit, issued on April 15, 1993, a notice by
court order of the obligations under title II of the ADA of that
court and those who practice before that court. Thus, as
required by section 35.106, the head of the public entity, the
Chief Judge of the Circuit Court of Florida, Ninth Circuit, has
determined through court order the manner and procedures for
apprising individuals of the protections provided by the ADA.

The questions you raise concerning whether the court should

"enter" its order of notice of title II's nondiscrimination
requirements and the penalties that may be imposed upon
individuals who fail to follow the court's order, should be
addressed to the court.

We hope this information is responsive to your request.

Sincerely,

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

01-02675