Mar 22, 1993 The Honorable Pete V. Domenici United States Senate 427 Dirksen Senate Office Building Washington, D.C. 20510 Dear Senator Domenici: This letter is in response to your inquiry on behalf of (b)(6) XX expressing her concerns about the potential dangers posed to persons with multiple chemical sensitivities by pesticides used by Terminix International. 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. (b)(6) suggests that when Terminix International applies pesticides to some area or facility, it place signs indicating what pesticides it has applied in order to warn persons with multiple chemical sensitivities. The obligations of title III of the ADA regarding existing facilities are imposed on private entities who own, operate, lease, or lease to places of public accommodation. One of those obligations is to make reasonable modifications in policies and practices when necessary to afford an individual with a disability an opportunity to participate in, or benefit from, the goods and services offered by a place of public accommodation. The obligations of title III, however, do not apply to religious entities like the Paradise Hills United Methodist Church mentioned by XX While many churches and other religious organizations have voluntarily chosen to comply with the ADA, they are not required to do so. cc: Records; Chrono; Wodatch; McDowney; Magagna; Contois; FOIA. \udd\contois\cgl\domenici 01-01953 - 2 - For your information, I am enclosing a copy of this Department's regulation implementing title III of the ADA and the Technical Assistance Manual that was developed to assist individuals and entities subject to the ADA to understand the requirements of title III. Section 36.102(e) of the regulation sets out the exemption for churches and religious organizations, and this exemption is discussed at pages 4-5 of the Technical Assistance Manual. The requirement that public accommodations make reasonable modifications in their policies and practices to avoid discriminating against individuals with disabilities is set out in section 36.302 of the regulation, and is discussed at pages 22-24 of the Technical Assistance manual. In addition, there is some discussion of the issues related to persons with multiple chemical sensitivities in the preamble to the title III regulation, at page 35549. I hope this information is useful to you in responding to (b)(6) Sincerely, James P. Turner Acting Assistant Attorney General Civil Rights Division Enclosures 01-01954 October 23, 1992 XX Albuquerque, New Mexico 87114 XX The Honorable Pete V. Domenici United States Senate Washington, D.C. 20510 Dear Senator Domenici: Enclosed is a copy of a letter sent to Terminix International. Is there any thing you can do to lead to the two changes needed so those of us who are disabled by chemicals can have safe access to public places? I will be glad to answer any questions you may have or provide more information. Sincerely, (b)(6) 01-01955 October 23, 1992 (b)(6) Albuquerque, New Mexico 87114 XX Dick Fagerlund, Inspector Terminix International 5308 Coal SE. Albuquerque, New Mexico 87108 Dear Mr. Fagerlund: On August 12, 1992, I contacted your office regarding pesticides applied by your company at Paradise Hills United Methodist Church before August 7, 1992. You informed me you had used Demon 40 WP inside the building and Gold Crest Dursban 2.5 G granules outside. I sincerely appreciate the kind and helpful attitude shown by you and your staff when I called. I received the data sheets the following day (Enc. 1 and 2). Thank you for your prompt attention. I am disabled as a result of chemical exposures, (including pesticides) and have Environmental illness also known as Multiple Chemical Sensitivity (Enc. 3 and 4). I am involved in an 18 year struggle to regain my health and achieve my goal to once again be gainfully employed. According to the American Disabilities Act of 1990, all of us who are disabled have the right to "full and equal enjoyment" of the goods, facilities, and services in public places. For me to safely access public places, I need the following: 1. Both public buildings and grounds to be posted with easily visible signs with the date of spraying and the chemicals used. 2. Use of Integrated Pest Management (Enc. 5). The severe reaction experienced as a result of the pesticide exposure I received at the church on August 7, 1992, has made me realize I need to ask for safe access to public buildings and grounds and those private buildings being used for public service. For five years I have assisted in unloading the PHUMC Buying Club food truck at the church. To my knowledge during that period of time the church grounds and buildings were never treated with any chemical applied by a commercial pest control company. On August 7, I spent 60 to 75 minutes at the church working predominately on the grounds, making numerous trips to and from the church storage room. I was wearing a cotton mask as protection from airborne chemicals and pollutants. After leaving the church, I developed a severe headache, muscle aches, extreme fatigue and was forced to go to 01-01956 bed. I took a detoxify sauna and showered to try to feel better. I didn't. On Saturday morning, August 8, I went to Buying Club food distribution, I learned at that time the building we were using had been sprayed with pesticide recently, so I used great caution and stayed out of the building. However, I did walk on the grounds. By Wednesday, August 12, I had not improved. I needed more information about what I had possibly been exposed to. The church secretary informed me that Terminix had serviced the church. After several phone calls to the church and the Terminix office I learned pesticides, besides being used inside the building, were also applied on the grounds. I called the office of Jacqueline A. Krohn, M.D. in Los Alamos, the specialist treating me. She informed me I was doing all that could be done and there was not a way to quickly recover from pesticide exposure. Later in the day during a phone conversation with a friend I realized I was still wearing the same shoes that I had been wearing at the church. They were soaked with pesticide and continued to expose me every time I wore them. I then knew why I did not get a decrease in symptoms after I took my detoxify saunas and showers. This pair of shoes had to be removed from the house and I may never wear them again. Two days later, the severe headache was gone. The muscle aching and severe fatigue continued for two more weeks. The only way I got any relief was to stay in bed. During that period of time, I could do no housework, work in the yard or my vegetable garden. Also, my oldest daughter had extensive oral surgery. I was unable to care for her. My husband, daughters and I have made many difficult, expensive and time consuming changes in our home and life style in order to improve my health and to allow me to live within our community. To say the least, it is painful and demoralizing to spend so much time, money, and energy to regain my health, then unknowingly be exposed to pesticides for such a short time and be forced to bed as a result. If the two measures I have listed at the beginning of this letter would have been in place on August 7, I would have not been exposed to pesticides. I have every confidence that Terminix will assist those of us with chemical disabilities by being on the cutting edge in leading the way to set chemically safe standards for all commercial pest control companies. I want to take one last opportunity to thank you for your interest and caring cooperation in this matter. Sincerely, (b)(6) 01-01957 Enclosures: 1. Material Safety Data Sheet--Demon 40 WP 2. Material Safety Data Sheet--Gold Crest Dursban 2.5 G 3. What is Environmental Medicine? 4. In What Ways Are People With E.I. Disabled? 5. Lawn Care Pesticides and Safety--What You Should Know cc Terminix Corporate Office The Reverend Alfred Norris, United Methodist Bishop of the New Mexico Conference The Reverend David Z. Ring III, D.D., Pastor, Paradise Hills United Methodist Church Jim Huron, Chairman, Board of Trustees, Paradise Hills United Methodist Church Rita Lindberg, Coordinator, PHUMC Buying Club, Paradise Hills United Methodist Church Jacqueline A. Krohn, M.D., member American Academy of Environmental Medicine The Honorable Pete V. Domenici The Honorable Jeff Bingaman The Honorable Bill Richardson Office on the Americans with Disabilities Act, Civil Rights Division, U.S. Department of Justice Alice King The Honorable Martin Chavez The Honorable Paul D. Barber Judith M. Espinosa, Secretary, New Mexico Environment Department Judy Myers, Director, Governor's Committee on Concerns of Handicapped Rafaelita Bachicha, Coordinator of Advocacy Programs, Governor's Committee on Concerns of Handicapped Lonnie Mathews, Bureau of Pesticide Management, New Mexico Department of Agriculture Kate Gallegos, Director, Administrative Services Division, Attorney General's Office Commissioner Pat Baca, Chairman Bernalillo County Board of Commissioners National Coalition Against The Misuse of Pesticides, Pesticide--Incident Victim Record Mary Lamielle, National Center for Environmental Health Strategies President Human Ecology Action League, Inc. Madeline Rivera, Chapter Representative Human Ecology Action League, Inc. Curtis Smith, County Extension Agent Anne Thomas, Chair Bernalillo County Commission on Persons with Disabilities File 01-01958