# 38

II-7.3000

T. 10/12/97
SBO:RJM:kgf
DJ# 192-180-12404


                                             October 2, 1992



The Honorable Barbara A. Mikulski
United States Senate
320 Hart Senate Office Building
Washington, DC 20510-2003

Dear Senator Mikulski: 

     This letter is in response to your correspondence on behalf
of your constituent, XXXXXXXXXXXXXXX, concerning the application
of title II of the Americans with Disabilities Act (ADA) to
telephone emergency services.

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

     As explained in section II-7.3000 of the enclosed Technical
Assistance Manual for title II, public entities that provide
telephone emergency services must provide "direct access" to
individuals who rely on a telecommunications device for the deaf
(TDD) for telephone communications.  The Manual further states
that telephone emergency service centers may not require
individuals who rely on TDDs to press a space bar or keys a
specific number of times to transmit electronic tones.  This
statement does not prohibit a caller from announcing to the 
answerer that the call is being made on a TDD by pressing the
space bar or keys, however.  A caller may transmit tones if he or
she chooses to do so.  However, a public entity may not require
such transmission.  

     There are several reasons that support this construction. 
First, not all TDDs create electronic tones when pressed. 
Second, individuals may not be able to press the keys to transmit
tones after dialing 9-1-1 (for example, when the caller is being 
assaulted or is suffering from a heart attack).  Third, it is 
unreasonable to expect that every TDD user can be educated about
the transmission requirement, which is a unique procedure, and, 
then, be expected to remember to follow that procedure during an 
emergency.  Thus, maintenance of a transmission requirement may,
in fact, put lives in jeopardy.  Finally, it would also be 
inconsistent with the requirement of the regulation that 
direct access be provided.  

     I hope this information is helpful to you in responding 
to your constituent.



                                    Sincerely,




                                   John R. Dunne
                                Assistant Attorney General
                                  Civil Rights Division

Enclosure