DEC 4, 1995

XX 
 
Dear XX              :
  
   I am responding to your letter to President Clinton
regarding section 35 of the general business law of the State of
New York, as amended in 1991. Please excuse the delay in
responding.

     As we understand it, section 35 permits cities with a
population in excess of one million people to apply laws
governing street vendors to disabled veterans on the same basis
as those laws apply to others. You complain that section 35 has
taken away the jobs of disabled veterans in New York City.

     The Disability Rights Section of the Civil Rights Division
is responsible, among other things, for the implementation of
title II of the Americans with Disabilities Act (ADA), which
prohibits discrimination on the basis of disability by public
entities, including State and local governments. Under title II,
public entities are required to ensure that people with
disabilities have the opportunity to participate in, or benefit
from, the programs, services, and activities that the public
entity provides. Title II does not require a public entity to
establish programs that provide benefits for people with
disabilities that are not available to others. Because section
35 of the general business law of the State of New York subjects
persons with disabilities to the same requirements applied to
others, it does not appear to violate the ADA. Therefore, the
Department of Justice is unable to assist you in this matter.

                          Sincerely,


                        John L. Wodatch
                            Chief
                    Disability Rights Section

















01-04089
August 26, 1995

The Honorable William Clinton
President of the United States
1600 Pennsylvania Avenue
Washington, DC 20500

Dear President Clinton:

The disabled veterans of New York City have been betrayed! We
have been betrayed by the Legislature of New York State, the
governor, the City of New York and it's mayor for the recent
passage of a permanent law that allows and encourages the
discrimination of the state's disabled veterans who had chosen to
earn their livelihoods as vendors. Please note that it was the
effort of street vendors in the 19th and early 20th centuries who
founded such retail giants as Macy's. Gimbels and Fortunoff among
others. Of course, these were American white and European
immigrants who had the opportunity to succeed as street vendors.

Back in 1894 the New York State Legislature passed a law allowing
disabled veterans to peddle their merchandise throughout the
state without restriction. In 1991, the rich and powerful Fifth
Avenue Association led by it's President, Tom Cusick, bought the
support of the legislature through the deep pockets of the
organization and via many lies, distortions and half-truths
(concerning we disabled veteran vendors) and had a law passed
which severely restricted the opportunity to make a living of the
disabled veterans of New York City. This bill had a four year
sunset provision. On July 1, the bill was made permanent.

Prior to the passage of the law in 1991, more than forty disabled
veterans had been able to work themselves from a state of
homelessness thanks to the opportunity provided by that law. With
the passage they were suddenly thrust back into that tragic state
of homelessness. Still others were forced onto the welfare roles
because they were no longer able to earn enough in the streets to
provide for themselves and their families. At least five others
are now dead as a result of the legislation. One committed
suicide because he was no longer able to provide for his family.

The jobs promised by the Fifth Avenue Association of Doormen,
Stock Clerks and Security Guards paid no more than poverty-level
wages of twice minimum wage. After taxes, these men could not
afford to care for their families or offer their children any
hope for the future. As a result of this legislation, many
families were torn apart! Further, those few vets who chose to
accept the positions offered by the Fifth Avenue Association
members were dismissed from those jobs within a few weeks of
their hiring. It is an acknowledged fact that many Vietnam vets
were so emotionally scarred from the war in Vietnam that they are
very limited in their ability to do much more than survive. So,
peddling was just about all many of them could do and do well.



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Thus, several of the few who took the jobs with Fifth Avenue
Association members, were just incapable of handling the
traditional job. For others, there are indications that the
working conditions were so poor that they were literally driven
from the job. I suspect that Fifth Avenue Association members
were told to hire these vets for a few weeks, then terminate
them.

In my case, I was promised a Manager In Training position with
XX            in September 1992. That 12 week training was to
lead to either a Manager position in a small XX
or an Assistant Manager position in a XX        . In nearly
three years, I have yet to receive that training. In spite of the
years of managerial experience I have as an Officer in the Air
Force, a MBA degree and years of experience as a manager
following my graduate study, XX            has failed to make
good on its agreement with me. I, on the other hand have gone
above and beyond the agreement for XX            . I have
developed and created several programs including two successful
seminar series for my store which have significantly increased
sales, store traffic and the store's stature in the community.
Yet, over the past year and a half, numerous persons have been
accepted into the Manager In Training program and have received a
portion of their training in our store. Further, several members
of the staff from my store have been selected to receive the
management training. I continue to be passed over. I think there
is a blatant breach of contract in this case. From the very
beginning, it was clear that there was no intent to fulfill the
agreement. In fact, the intent seemed to be to get rid of me as
quickly as possible. It didn't happen (for I needed the job so
badly) and I have contributed more to that store than anyone
including the manager.

The legislation that has wreaked such havoc and damage on our
lives is extremely discriminatory. It discriminates against the
disabled veterans in New York City (the law applies only to those
cities with populations with one million or more); it
discriminates against those who were disabled in service to this
nation. It is also racially discriminatory in that 50% of the
veterans affected are Black and another 25% are Latino. Of
course, most of the minority veterans in New York State live in
New York City. So, it seems that we were singled out! The Fifth
Avenue Association wanted to get us off as many New York City
streets as possible. With its money, power and political
influence, it was successful.

In the four years prior to permanent passage of the bill, neither
New York State nor New York City has done anything to ease the
transition from street vendor to other occupations for us. In
fact, I have sought employment at both levels of government and
the private sector with no success. In the four year period, I
have applied for well over three hundred jobs, with no success.
At this point, I am sure that age has been a major factor and for
me now, health is an issue.

01-04091

The effects of the legislation and XX           failure to
live up to it's agreement with me have been devastating. Not only
have I struggled to survive financially - after having earned a
very decent living as a vendor - but it has adversely affected my
health. XX
XX     . It was all a result of the stress, tension and emotional
anger caused by the mean-spirited, callous and bigoted actions of
the Fifth Avenue Association, New York State and New York City.
It has been extremely painful as well as angering, devastating
and disappointing that I served my nation in time of war, was
injured and I am now deprived me of the opportunity to live my
dreams.

As I look back on my life as an American in this nation, I regret
my having served in this nation's military. When I was twenty-
two, I was accepted to study French at the University of Caen, in
Caen, France. I had saved my money for tuition and expenses for a
year there and had purchased my travel ticket on the Sitmar
Lines. Three weeks prior to my departure date, my draft board
denied me permission to leave the country. Had I known then or
had a premonition that this nation would treat me (and other
disabled veterans) with such disdain and disregard and thus
deprive us of opportunities that it affords people from
throughout the world, I would have defied the draft board and
proceeded to France or gone to Canada or Sweden or some other
country. Mr. President, I am ashamed of having served this
nation. I recall very vividly my strong opposition to the Vietnam
War and my many letters expressing that opposition to my
Congressman, William Clay while I was in combat training and in
Vietnam.

In our desperate attempts to fight our unbeatable foe, the Fifth
Avenue Association, we have sent letters to several members of
your cabinet hoping to find some guidance, some compassion, some
concern and assistance. Unfortunately, we have found none.
Several of us wrote letters to Mr. Jessie Brown seeking his
assistance and guidance. There was never a response. We wrote to
Attorney General Reno because of possible legal violations in
this legislation. Again, nothing. With the lack of response and
apparent lack of concern about our plight, we realize that it
doesn't pay to be poor and a minority in this nation and that
there is no dignity in being a veteran and having fought for this
nation. Especially, when we come up against the desires of the
wealthy and powerful such as the members of the Fifth Avenue
Association.

With the recent passage of Congressional legislation and Supreme
Court decisions which have set civil rights efforts back by at
least thirty years, we minority members of the nation who served
in Vietnam are now at an age in our lives where there is little
hope for the future. We have not asked for governmental handouts
nor do we want them. All we want is the opportunity/right
restored to earn a decent living, to lead respectable lives and


01-04092


to have reasonably secure and comfortable retirements.

Mr. Clinton, I hope this letter doesn't fall on deaf ears. I only
have a few years left in this world and I would like to be in a
position to enjoy what remains of them. That of course includes
having an opportunity to retire with security. I certainly do not
wish to have to work for the remainder of my life, but to close
it out peacefully, quietly and without the anxiety of struggling
to work in order to survive. Thus, I appeal to you for your help
in getting the Justice Department involved in the investigation
of the discriminatory law in New York State. I also encourage you
to have the Department of Veterans Affairs do what is necessary
to protect this nation's veterans from the predatory efforts of
the rich and powerful business organizations that would drive out
small businesses (as we were as street vendors) in what may very
well be monopolistic efforts.

One final note Mr. President: I have been concerned about the
sorry state of parenting in this nation. As a result of this
concern, I have developed a business plan (I do want my own
business) for the development of a business which specializes in
taking parenting seminars to the business place. In addition, I
have written the script for a parenting video designed primarily
for Black parents with a more all-inclusive one to follow. While
the project has been acclaimed for its potential value to helping
teach good parenting techniques, through the use of real life
scenes, I lack the capital to get the project off the ground. In
fact, one of the effects of the legislation was to cost me all of
my savings (part of which was to use to help capitalize my
business idea) including my retirement. So, I am frantically
trying to raise money for this project. Because I have no money,
I am having great difficulty raising the necessary capital. I so
believe in the value of this idea that I am compelled to
continue my efforts to bring the idea to fruition.

I am accompanying several documents with this letter including a
copy of my resume and the contract with XX           . I do hope
you will be able to give my requests some consideration and
assist me in gaining justice in a very unjust situation.

I wish you the very best for the remainder of this term in office
and also in your campaign for a second term. I have always been
impressed with your compassion for all people and your commitment
to doing what is just and right.

Sincerely,

XX






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