LAW OFFICES ARTHUR L. DRAGER 5 LIGHT STREET SUITE 510 BALTIMORE, MARYLAND 21202 (410) 683-0012 November 17, 1992 Department of Justice VIA FAX (202) 307-1198 RE: The Americans with Disabilities Act Dear Sir/Madam: I am a staff attorney with the above-named firm. Mr. Drager is frequently appointed Guardian of the Property of disabled persons in Maryland. Mr. Drager, in his capacity as Court Appointed Guardian, has an absolute duty to safeguard his ward's assets and interests. On occasion he is prevented from doing so. Attached hereto please find a copy of Maryland National Bank's safe deposit box contract, which is used by said institution to prevent Mr. Drager from performing the above-referenced duties. In particular, please reference paragraph 21. Paragraph 21 states that "a legal representative of one of the lessees of the box, appointed in the event of death, incompetency, insolvency, or other disabilities shall be permitted access to the box only is accompanied by all other lessees or if all such lessees shall have consented by writing filed with the lessor to permit the legal representative access alone to the box." It should be noted that prior to declaration of disability, the owner is allowed access to his or her box. Subsequent to a finding of disability, a Guardian is prevented from obtaining access, while the other joint tenant(s) can access the box without notice to the Guardian. Accordingly, once the person is disabled their rights are diminished. This has resulted in several safe deposit boxes being emptied of their contents by the co-owners, and appears to be a discriminating contract under the Americans with Disabilities Act. I would appreciate a call from someone on your legal staff in order that we may discuss this matter. Very truly yours, Richard K. Abraham RKA/mrw 01-02944