U.S.

Department of Justice

Civil Rights Division

(handwritten) 204-35-3
Coordination and Review Section
P.O. Box 66118
Washington, D.C. 20035-6118

Mr. Garry Stotts JUN 14 1993

Secretary
Kansas Department of Corrections
900 S.W. Jackson - Suite 404N
Topeka, Kansas 66612

Re: Program Accessibility at Lansing State Prison,

Complaint No. XX

Dear Mr. Stotts:

The Coordination and Review Section of the Civil Rights

Division has completed its investigation of the complaints filed
against the Kansas Department of Corrections (KDOC) under section
504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. S
794, and the Department of Justice's implementing section 504
regulation, 28 C.F.R. Part 42, subpart G. Since the
complainants' allegations of discrimination, if true, are on-
going in nature, we also reviewed the allegations under title II
of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C.
12131-12134, and the Department of Justice's implementing
regulation, 28 C.F.R. Part 35, which became effective on January
26, 1992. In his letter constitutes the Department of Justice's
Letter of Findings and contains our factual findings and legal
conclusions with respect to the allegations raised in the
complaint.

The Coordination and Review Section investigates

administrative complaints alleging violations of section 504 by
recipients of Federal financial assistance provided by the
National Institute of Corrections, Department of Justice. In
addition, this office investigates allegations of discrimination
under title II by components of State and local governments in
the area of the administration of justice, including correctional
institutions, under 28 C.F.R. 35.190(b)(6).

Section 504 prohibits discrimination against qualified

individuals with disabilities in the programs, services, and
activities of a recipient of Federal financial assistance. KDOC
is a recipient of Federal financial assistance from the National
Institute of Corrections, Department of Justice and, therefore, it
is subject to section 504's requirements.

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Title II protects qualified individuals with disabilities

from discrimination in a public entity's programs, services, and
activities. As an instrumentality of State government, KDOC is a
"public entity" subject to the requirements of title II of the
ADA. 28 C.F.R. 35.104.

The complainants allege that the programs and activities

provided at the Lansing Correctional Facility (LCF) operated by
KDOC are inaccessible to and unusable by individuals with
mobility impairments and those individuals whose health would be
placed in serious jeopardy should they be required to climb
stairs.

One complainant alleged that the following LCF programs,

services, and activities are inaccessible to and unusable by
individuals who use wheelchairs for -mobility and those
individuals whose health would be placed in serious jeopardy
should they be required to climb stairs: (1) the library; (2)
religious services; (3) legal aid services; (4) the canteen; (5)
innate activities; (6) movies shown in the auditorium; (7)
special programs; and, (8) a mailbox. This complainant further
claimed that these programs, services and activities "... are all
(located in] different buildings, the only ones which have a ramp
is the dormitory and [it is] in [the] back of the dining room.
The disrepair of the ramp in the dormitory has, and is a safety
hazard to those confined to wheelchairs."

Another complainant asserted that "[t]he Kansas Department

of Corrections ... does not make available to handicapped persons
any form of 'athletic', or related equipment, for handicapped
participation ...." The complainant further asserted that the
"KDOC does not make available any form of Area Vocational
Training although the KDOC operates an Area Vocational Training
School (AVTS) program ... Such programs are denied to the
handicapped."

With respect to the complainants' allegations, we have

determined that the Kansas Department of Corrections (KDOC) has
not violated title II and section 504 or the pertinent
implementing regulations. This conclusion is based on a review
of KDOC's policies, procedures, records and documents,
photographs, and interviews.

Applicable Regulatory Standards

As a recipient of Federal financial assistance from the

National Institute of Corrections, the Department of Justice
section 504 regulation requires that KDOC "... shall insure that
no qualified handicapped person is denied the benefits of,
excluded from participation in, or otherwise subjected to the

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discrimination under any program ... because [KDOC's] facilities

are inaccessible to or unusable by handicapped persons." 28
C.F.R. 42.520.

In existing facilities, KDOC 11 ... shall operate each program

... so that the program, when viewed in its entirety, is readily
accessible to and usable by handicapped persons." 28 C.F.R.
42.521(a). The comments to the Department's section 504
regulation state:

Facilities available to all inmates ... such as

classrooms, infirmary, laundry, dining areas,
recreational areas, work areas, and chapels, must be
readily accessible to any handicapped person who is
confined to the facility.

45 FR 37,629, 36,630 (1980). "This section does not require

[KDOC] to make each of its ... facilities (that existed on July
3, 1980] accessible to and usable by handicapped persons." 28
C.F.R. 42.521(a). KDOC may achieve program accessibility by
the "... acquisition or redesign of equipment, reassignment of
services to accessible buildings, assignment of aids to
[inmates], delivery of services at alternative accessible sites,
alteration of existing facilities, or any other method that
results in making its program accessible to handicapped persons.
[KDOC] is not required to make structural changes in existing
facilities where other methods are effective in achieving
compliance with [the requirements for program accessibility]. In
choosing among methods for meeting (program accessibility,
KDOC] shall give priority to those methods that offer programs to
handicapped persons in the most integrated setting appropriate to
obtain the full benefits of the program." 28 C.F.R. 42.521(b).

In addition to the access to the physical space where the

program, service, or activity is located, related amenities, such
as restroom facilities and water fountains, that are provided to
participants must also be accessible.

Section 504's requirement that a recipient provide access to

its programs, activities, and services in its existing facilities
is the same standard that is contained in the Department's title
II regulation. 28 C.F.R. 35.150. Therefore, we have used the
same standard for determining KDOC's compliance with section 504
and title II with respect to the accessibility of LCF's programs,
services, and activities.

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Analysis of Facts and Compliance Status

The issues examined during this investigation were the

following:

(1) Whether KDOC assigns individuals with mobility

impairments to LCF.

(2) Whether any or all of the following LCF programs,

activities, or services are located in facilities
inaccessible to or unusable by individuals with
mobility impairments: (1) the library; (2) religious
services; (3) legal aid services; (4) the canteen; (5)
 inmate activities; (6) movies; (7) special programs;
(8) educational programs; and, (9) postal privileges.

(3) With respect to any or all of the LCF programs,

activities, or services listed in issue number 2 that
are located in inaccessible facilities, whether KDOC
has met its program accessibility requirements through
alternative means such as (a) acquisition or redesign
of equipment; (b) reassignment of inmates;
(c) delivery of services at alternative accessible
sites; (d) alteration of existing facilities; or,
(e) any other method that results in making these
programs accessible to individuals with mobility
impairments that require the use of wheelchairs and to
those who cannot climb stairs without seriously
jeopardizing their health.

Our analysis of each issue is presented below.

Issue Number 1

Whether KDOC assigns individuals with mobility impairments

to LCF.
Analysis of Issue Number 1

KDOC assigns numerous inmates to LCF who have mobility

impairments. In addition to other factors, KDOC assigns
prisoners to LCF due to its proximity to medical care that is
available to prisoners at nearby locations. In response to our
request for information, LCF's warden stated:

The availability of medical services has often been an

important consideration for inmates assigned to LCF.
Due to its proximity to the Kansas City metropolitan
area, LCF has access to more medical specialists and
hospitals then [sic] KDOC facilities in the more rural
areas.

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As a result of the special medical care that may be obtained,

many inmates who have mobility impairments have been assigned to
LCF.
 In a February 6, 1992, report, KDOC identified 58 persons
assigned to LCF who are mobility impaired and use wheelchairs for
mobility or cannot climb stairs without seriously jeopardizing
their health. Of the 58, 30 were assigned to maximum security,
23 to medium security and five were assigned to the infirmary.

Conclusion

KDOC assigns prisoners to LCF who are mobility impaired.

Issue Number 2

Whether any or all of the following LCF programs,

activities, or services are located in facilities inaccessible to
or unusable by individuals with mobility impairments: (1) the
library; (2) religious services; (3) legal aid services; (4) the
canteen; (5) inmate activities; (6) movies; (7) special programs;
(8) educational programs; and, (9) postal privileges.

Analysis of Issue Number 2

LCF is divided into four physically separate areas. These

include: (1) the central unit with 588 beds in the maximum
security compound and 699 beds in the medium security compound;
(2) an infirmary located in both the maximum and medium security
compounds; (3) the east unit with 40 beds in maximum security and
216 beds under minimum security; and, (4) the minimum security
north and south compound with 10 beds and 80 beds respectively.

LCF's maximum and medium security areas are physically

separated. The allegedly inaccessible programs are located in
both areas. The facilities in the maximum security area contain
many architectural barriers to accessibility because they are
older. The newer facilities in the medium security area are
accessible. KDOC submitted several photographs which show the
entrances, path of travel, and architectural barriers for the
buildings that house the allegedly inaccessible programs.

Maximum Security

In addition to postal services and movie privileges, we

reviewed information concerning nine maximum security programs
and/or services. The athletic and recreational program,
vocational education program, and canteen services are located in
accessible areas. Six other programs were located in areas of
facilities that were inaccessible to individuals with mobility
impairments. A brief description of the facilities and programs
located in them is as follows:

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Building Number 26

Athletic and recreational program: One program, which

includes the game and weight rooms, is offered in this one-story
building. The entrance to the building is at street level and is
accessible to individuals who use wheelchairs. Entrance and
interior doors are wider than 35".

Restroom facilities serving this program are accessible but

the water fountains are not. Prisoners who cannot access a water
fountain due to physical impairments, however, either carry a cup
or are provided a cup upon request which permits them to access
the water fountains.

Building Number 27

Vocational Education: The vocational education program is

offered in this one-story facility. The entrance to the building
is at street level and is accessible to individuals who use
wheelchairs. All entrance and interior doors are greater than
35" wide.

The restrooms serving this program are accessible but the

water fountains are not. Prisoners who cannot access a water
fountain due to physical impairments, however, either carry a
cup or are provided a cup upon request which permits them to access
the water fountains.

Building Number 28

Sex Offender Program: Building Number 28 is a two-story

building housing a special program for the treatment of sex
offenders on the second floor. The original building was
constructed in 1927 and the area that serves the program was
renovated in 1987. Since the building is not served by an
elevator, an inmate must climb a flight of stairs to reach the
program. All entrance and interior doors to the program are
greater than 35".
 The restrooms and water fountains serving the program are
accessible.

Building Number 29

Six programs or services, the canteen, inmate activities,

the library, religious services, legal aid services, and academic
educational programs are located in Building Number 29. Building
Number 29 is a three-story building with a basement that is not
served by an elevator. The building was originally constructed
in 1936. In 1985, many areas of the building were renovated. It
is necessary to use stairs to reach the basement and the upper

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levels of this building. The entrance, served by a concrete

ramp, is accessible.

All restrooms on all floors in the service and program areas

are accessible.

Canteen: Renovated in 1990, the canteen is located on the

first floor in a 72' by 60' room. The entrance door to the
canteen is over 35" wide and is approximately 36" above street
level and is served by an exterior concrete ramp.

Inmate Activities: Inmate activities, which include such

endeavors as crafts classes and self-help groups, are located in
the basement in several rooms occupying an area 124' by 90'
that was renovated in 1985. Entrance and interior doors to all rooms
are greater than 35" wide. Inmates must descend a flight of
partially-covered, exterior stairs to participate in the programs
offered here.

Library Services: Library services, which include a law

library and a regular library, are located on the second floor.
This area was renovated in 1985. The entrance doors serving all
the rooms are more than 35" wide. An inmate must climb stairs to
reach the library.

Academic Educational Services: Academic educational

services are offered on the third floor. The entrance and
interior doors to the various rooms on this floor are over 35"
wide. An inmate must climb stairs to reach this program.

Religious Services: Religious services are offered in a

chapel on the third floor in an area 901 by 641 that was
renovated in 1983. The entrance and interior doors are wider
than 35". An inmate must climb stairs to reach the area where
religious services are offered.

Legal Aid: Legal aid is located in the basement in a 28' by

19' room. The entrance door to the room is wider than 35". An
inmate must descend an exterior, partially covered flight of
stairs to reach this room.
Other Services

Postal Services: One complainant alleged that a mailbox

serving maximum security prisoners was not accessible because it
was located on the second floor requiring one to climb stairs.
As with other services, the-focus of our review was whether
mailing services when viewed in their entirety are accessible to
individuals with mobility impairments.

KDOC reported that inmates receive incoming mail in their

living units and indicated that mailboxes are located throughout

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the prison site. KDOC also reported that inmates send out
packages through the business office and central property room.
A mailbox is located in the maximum and medium security yards.
Based on photographs provided by KDOC it appears that these
mailboxes are accessible to inmates with mobility impairments.
In any event, the fact that an inmate has numerous alternatives
for mailing materials in addition to the use of one mailbox
supports the conclusion that, when viewed in their entirety,
LCF's mailing services are accessible.

Movies: one complainant alleged that the movies were

inaccessible to maximum security inmates. LCF stated that movies
are shown by closed circuit television in an inmate's living
quarters. Therefore, LCF provides access to its movies to all
inmates on equal terms without regard to their disability
status.1

Medium Security
 The seven programs serving the medium security inmate
population are all located in accessible buildings. The programs
include: (1) religious services; (2) inmate activities; (3)
athletics programs; (4) legal aid and library services; (5)
vocational education services; (6) academic education services;
and, (7) the canteen.

Academic educational services, inmate activities, the

library, legal aid and the canteen are located in Building Number
44 which was constructed in 1987. All restrooms and water
fountains serving these programs are accessible. Vocational
education services are offered in Building Number 38 which was
Constructed in 1985. Religious and athletic programs are located
in Building Number 40 which was constructed in 1986. All these
programs are located in areas that are accessible to and usable
by individuals with mobility impairments.

Conclusion

Six programs or activities located in the maximum security

area of the prison are inaccessible because they are located in
areas of buildings that require the use of stairs to access them.
The programs, activities, and services provided in the medium
security section are accessible to and usable by individuals with
mobility impairments.

1 The only movie facilities identified by KDOC were

located in Building 40 in the medium security section of the prison,
which is accessible.

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Issue Number 3

With respect to any or all of the LCF programs, activities,

or services listed in issue number 2 that are located in
inaccessible facilities, whether KDOC has met its program
accessibility requirements through alternative means such as:
(a) acquisition or redesign of equipment; (b) reassignment of
inmates; (c) delivery of services at alternative accessible
sites; (d) alteration of existing facilities; or, (e) any other
method that results in making these programs accessible to
programs with mobility impairments that require the use of
wheelchairs or to those who cannot climb stairs without seriously
jeopardizing their health.

Analysis of issue Number 3

In the maximum security section of LCF, a prisoners freedom

to move about the prison area is limited due to security
concerns. According to the KDOC Inmate Handbook, "[m]aximum
security inmates may move throughout the facility without escort,
but only when they are in possession of a properly signed pass.
Use of the appointment pass is governed by [LCF's] general
orders." All doors to individual buildings are access points
which have guards. Under the pass system, no inmate is permitted
entry into a building without showing an appropriate pass.

To achieve program accessibility in inaccessible areas of

the maximum security facilities, KDOC has acquired three portable
wheelchair lifts. The wheelchair lifts are operated by prison
guards assigned to the access points to each building. When an
inmate with a mobility impairment presents his pass to a guard at
the entrance to a building, the guard admits the inmate and
operates the portable lift for the inmate. When the inmate is
ready to leave the building, a prison employee contacts the guard
who operates the portable lift to bring the employee back to the
entrance to the building.

One portable lift is used to access the sex offender program

in Building Number 28. Another portable lift is used to access
the educational programs, chapel, and library located in Building
Number 29. The third portable wheelchair lift is used to access
the special education program in Building Number 24.

Conclusion

All the inmates in the maximum security facilities have

limitations on their independence of travel. Therefore the use
of a lift system that requires assistance is an acceptable method
of providing access to maximum security programs, services, and
activities that are located in areas where stairs must be climbed
to gain access.

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Compliance Determination

This case is closed as of the date of this Letter of

Findings. This letter does not address other potential claims of
disability discrimination that may arise with respect to KDOC or
any of its facilities. Rather, this letter is limited to the
allegations of discrimination presented in these complaints.

Under the Freedom of Information Act, 5 U.S.C. 552, we

may be required to release this letter and other correspondence and
records related to this complaint in response to a request from
a third party. Should we receive such a request, we will
safeguard, to the extent permitted by the Freedom of Information
Act and the Privacy Act, the release of information which could
constitute an unwarranted invasion of an individuals privacy.

We appreciate the cooperation and assistance that you and

Mr. Charles Simmons, Chief Legal Counsel, extended to Ms. Brenda
Sheppard, our investigator, and Louis M. Stewart, our attorney,
during the course of the investigation.

If you have any questions about this matter, please contact

Louis M. Stewart at (202) 616-7779.

Sincerely,

(Signature)
Stuart B. Oneglia
Chief
Coordination and Review Section
Civil Rights Division

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