SEP 14 1995

The Honorable Rick Santorum
United States Senator
Suite 250 Landmarks Building
One Station Square
Pittsburgh, Pennsylvania 15219

Dear Senator Santorum:

     This is in response to your inquiry on behalf of your
constituent, Mr. William J. Spagnol, regarding closed captioning
of local government meetings. Mr. Spagnol wishes to know the
obligations of municipalities to provide closed captioning for
the broadcast of local government meetings on public access
television channels.

     Section 35.160(a) of the Department of Justice's regulation
implementing title II of the Americans with Disabilities Act of
1990 (ADA) requires that a public entity take appropriate steps
to ensure that communications with members of the public with
disabilities are as effective as communications with others.
Section 35.160(b) requires the furnishing of appropriate
auxiliary aids and services in order to afford individuals with
disabilities equal access to communications and requires that
primary consideration shall be given to the requests of
individuals with disabilities in determining what type of
auxiliary aid or service is necessary. Auxiliary aids and
services, as defined in section 35.104, may include open or
closed captioning of video presentation.

     Audio portions of television and videotape programming
produced by public entities are subject to the requirement to
provide effective communication for individuals with hearing
impairments. Closed captioning of such programs is sufficient to
meet this requirement. Please note, however, that the obligation
to provide effective communication does not require a public
entity to take any action that it can demonstrate would result in
a fundamental alteration in the nature of its services, programs,
or activities, or in undue financial and administrative burdens.












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

                                            Sincerely,




                                          Deval L. Patrick
                                     Assistant Attorney General
                                       Civil Rights Division

































                                                                              
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