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Justice Department Issues a Letter of Findings to the Florida Department of Corrections Regarding Violations of the ADA and the Rehabilitation Act

June 17, 2015
Source: U.S. Department of Justice (DOJ)

According to its Letter of Findings, the U.S. Department of Justice, Civil Rights Division (Department) has determined that the Florida Department of Corrections (Florida DOC) is in non-compliance with its obligations under Section 504 of the Rehabilitation Act of 1973 (Section 504) to cooperate with the Departments investigation and compliance review of alleged disability discrimination at the Tomoka Correctional Institution (Tomoka) in Daytona Beach, Florida. In the event that the Department is unable to reach a voluntary resolution with the Florida DOC within two weeks of the date of this letter, the Attorney General may elect to initiate a lawsuit pursuant to Section 504 to compel access to the Tomoka facility, its relevant personnel, inmates, and documents.

On June 26, 2013, the Department notified Tomoka ... that it was conducting a compliance review to determine whether Tomoka is in violation of Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, and the Departments implementing regulations, 28 C.F.R. Parts 41 and Part 42, Subpart G, which apply because the Department provides Federal financial assistance to the Florida DOC. The Department initiated its request for the compliance review in response to multiple complaints that it received alleging that Tomoka does not ensure effective communication for inmates with hearing and vision disabilities, and that Tomoka fails to provide appropriate auxiliary aids and services to inmates with disabilities.

Justice Department Letter of Findings to the Florida Department of Corrections

Word | PDF 4 pages

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