STEPHEN DOLLE Neuroscientist & Disability Advocate www.dollecommunications.com Newport Beach, CA Tel. (949) 642-4592 January 26, 2011 U.S. Department of Justice 950 Pennsylvania Avenue, NW Civil Rights Division Disability Rights - NYAVE Washington, D.C. 20530 Re: Title III Complaint v. YMCA of Orange County/USA; Public Accommodation to Harmful Exposure to Loud Music at Exercise Facility, per Neurological Disability/Handicap. Disability Rights Staff: The foregoing "Title III Complaint" is filed against the YMCA of Orange County and YMCA of USA for their refusal to moderate/lower the sound level of music and class "noise" emanating from their exercise dance classes at their Central Orange Coast YMCA in Newport Beach, California, whereby YMCA exposes myself and other nearby members to needless unhealthful levels of sound exposure. I live with the disorder, hydrocephalus, and suffer from sensory processing disorder (SPD), where I have a diminished ability to process sound, and as such, a sound sensitivity. I made YMCA aware of this on numerous occasions. In December 2010, I submitted a written request for a "reasonable accommodation" to the loud music and screaming, and asked YMCA to mitigate its open broadcast from that exercise classroom into adjacent areas of the facility where I and most others do exercises. This "Complaint," as well as my request for reasonable accommodation, shall apply to all YMCA members having a sound sensitivity handicap (SSH) and/or sensory processing disorder, which spans numerous neurological and learning disorders, and brain injury. As of the date of this "Complaint," the YMCA refused to meet my December 14, 2010 written request, instead, choosing a course of ignorance of SSH and neurological handicaps, and lack of compliance to Title III Public Accommodation ADA provisions as would apply to this type of handicap. In their defense, the YMCA claims they have moderated their sound levels in the classroom at issue to levels as set forth in their "Association Standard Operating Guidelines for Group Exercises Classes." The YMCA has not made their guidelines available to me. I must assume the guidelines to which they are relying upon, do not make any reference or consideration to tolerable sound levels for persons with neurological and SSH handicaps. Widely, OSHA and other accepted sound levels today (in decibels) make no consideration for levels that can be harmful to persons with neurological and SSH handicaps. Widely, in public buildings and venues all across the U.S., music and other noises are being broadcast at levels that are harmful to persons with neurological and SSH handicaps. Such practices and absent accommodations/protections today are exacerbating these disorders as an epidemic.

Title III Complaint v. YMCA January 26, 2011 Page Two Secondly, facility sound levels make no consideration for the "uncomfortable" level of sound for other persons at the YMCA. One YMCA member wrote to their "suggestion box" and it was posted on their wall. The member complained that the music was so loud from a spinning class that it overwhelmed his music playing in his own headset. Sound loudness is measured in terms of decibels, whereas the mixture of various sounds is measured in EQ and is the difference and quantity between the loudest and softest sounds. In affected neurological and SSH disorders, individuals have a diminished capacity to tolerate and process sound. Loud sounds coupled with forceful EQ and rhythm patterns then pose a particular neurological challenge to persons with these disorders. There is quite a bit of published research today on these disorders and the ensuing medical sequela that follows sound exposure. As a scientist and advocate for these disorders, I would like to see operators of buildings and venues undertake some provisions to mitigate the broadcast of sound at places of public accommodation, irregardless if it is from music, or machinery. In filing this "Complaint" with the Department of Justice, Civil Rights Division, I hereby request the Department of Justice and agencies to pursue all legal avenues, including litigation, to bring an accommodation and resolution at this YMCA facility, and to set a precedence for accommodations of these disorders in buildings and at venues all across the U.S. I. Sound Exposure Standards for the General Public Sound exposure is widely measured in units of decibels. In the workplace, OSHA is viewed as the preeminent source of guidance on safe and unhealthful sound levels. Exhibit "A" is taken from the OSHA web site as Section III: How do I evaluate noise exposure? It is recommended here in a sound survey that irregardless of the readings obtained, that staff speak with knowledgeable personnel concerning operations. I believe that when this section is applied to a public exercise facility, that a survey should include speaking to members who are exposed to the sound levels. Exhibit "B" is a decibel graph "How Loud is It? taken from an accredited environmental organization on sound safety, DangerousDecibels.org This is a standard decibel graph listing common man made and environmental noises and their associated decibel levels. Noted on the graph, and widely accepted by OSHA and scientific organizations, is the 85 decibel level ceiling, where sound above this level can cause hearing damage. However, nowhere on this graph is any consideration or recommendations of levels that are harmful to persons with neurological disorders and SSH. These levels will vary according to the individual and to the severity of their disorder/ handicap. But the safe ceiling for these individuals is most definitely decibel levels well below 85, more like 65 decibels which is the normal human speaking voice. In the case of the YMCA, decibel levels in the incident exercise area were measured by me to be 85 decibels and higher at times. II. Complainant's Disability & Sound Intolerance Handicap and Supporting Medical Science

Title III Complaint v. YMCA January 26, 2011 Page Three Sound intolerance is a recognized disability or handicap, and known by a number of medical names and terms. In my earlier work with sound intolerance, the term neuro hypersensitivities had been used. As autism spectrum disorders and ADHD cases grew after the last 10-15 years, the term sensory integration disorder, or SID, (cited in Exhibit "G") became more widely used. In the last several years, the term was revised to sensory processing disorder, or SPD. The subset of SPD dealing with sound intolerance, particularly in children, has been termed auditory processing disorder, or APD (Exhibits "G" and "H"). Sound intolerance, particularly in adults, is widely termed hyperacusis (Exhibit "F"). The common link in these disorders and handicaps is the intolerance to sound, and can either be due to a disorder of the ear, or to a processing dysfunction in the brain. In the case of hydrocephalus, my (Complainant's) disorder, it is primarily a processing disorder in the brain (Exhibit "I"). A key component of sound that is critical in sound processing is the EQ and rhythmic mix of the sound. In 2002, I undertook a scientific study of sound rhythms using a metronome (Exhibit "J"), and documented how rhythmic patterns play a critical role in one's sound intolerance. I reported that unsyncopated patterns of sound were unhealthful, purportedly used in wartime to break a detainee's will and obtain information. By contrast, highly syncopated sounds provide a healthful response, and were earlier reported in the Mozart Effect. My (Complainant) disability and handicap comes from a brain injury suffered in 1992, and the subsequent development of hydrocephalus requiring a permanent CNS shunt. I commonly experience headaches and vestibular changes, and am often sensitive to sound. I am aware of my intolerance to sound, and take steps to manage my exposure to sound. I have been a member of the Central Coast YMCA since about 2007. Up until mid-2010, I had only a few incidents with sound and accommodation at the facility. I came over from 24-Hour Fitness, no longer able to tolerate their loud overhead music and classes. Since mid-2010, the loud music and noise emanating from the YMCA exercise classes have become unhealthful and intolerable. On numerous occasions, I asked for the exercise class door to be closed, however, my requests were continually ignored. In December 2010, I learned that a number of senior members cancelled their membership due to this very same loud music and noise. This, and my own inability to work out a resolution on the club's loud music and sound, prompted me to submit my Dec. 14, 2010, written request to the YMCA for an ADA accommodation under Title III. It is worth mentioning here that there are auditory engagement therapies that can help improve an individual's intolerance to sound. Perhaps facilities like the YMCA might offer these. Over the last 10 years, I have studied and written papers on the topic, and these did improve my tolerance to sound. My 2002 paper (Exhibit "J") intimated how therapies might help affected individuals. In subsequent research with drumming and percussion instruments, I found a number of methods to be helpful in improving sound tolerance, vestibular orientation, and physical movement. III. Background and Timeline of this Complaint My membership and use of the YMCA facility began in 2007, and I only had a couple of incidents with problem loud music prior to mid-2010. As music and noise from classes in the main exercise room

Title III Complaint v. YMCA January 26, 2011 Page Four were raised, I complained to staff and asked that the door to this room be kept closed. With the door continually left open and music volumes even louder, on several occasions, the momentary exposure to this made me ill with headache, faintness, and vestibular complaints. I never took one of these classes, which would have required the volume at lower levels. In December 2010, I learned through another complaining senior that a number of seniors quit the facility due to the loud music. On December 14, 2010, I submitted a written request for an accommodation under Title III of the ADA (Exhibit "A") to Ron Erickson, Executive Director, Central Coast YMCA, and also to Jeff McBride, CEO, YMCA of Orange County. On January 3, 2011, a letter was emailed to me by Ron Erickson (Exhibit "B"), in which he stated that "staff performed music volume tests and found that decibel levels were within our Association Standard Operating Guidelines for Group Exercises Classes." Between December 14, 2010 and January 11, 2011, there were more incidents where the volume was up and the door left open, and I complained to staff, and the ensuing discussions became contentious. Staff asked if I would use another area of the facility during times when exercise classes were in session. Staff and I measured sound levels in the adjacent exercise room that I use at 75 decibels with their analog meter. On another occasion, I measured sound bursts at 85 decibels with my digital meter. On most days, the door was kept open and part-way through the class, the volume was raised. It became clear that despite my written request, there was still no policy or oversight on sound levels. On January 14, 2011, I received an email from Ron Erickson (Exhibit "C") asking that I not disrupt YMCA staff over the sound issue, and he asked that I meet with him. On January 17, 2011, I responded back that I was speaking to other parties who might have a stake in this issue. I contacted XXXXXXXXXX who contracts with the YMCA and they will receive a copy of this Complaint. I contacted the YMCA of USA in Chicago, and again the YMCA of Orange County, but did not receive a call back from either of them. IV. ADA Title III Sections in Support of this Complaint This Complaint is submitted under Title III Public Accommodations of the American's with Disabilities Act (ADA), pursuant to Section 36.102, and cites civil rights violations by the YMCA, a commercial facility and non-profit organization located at 2300 University Drive, Newport Beach, CA 92660, with headquarters at: 101 N. Wacker Drive, Chicago, IL 60606 Tel. (800) 872-9622. I believe the YMCA organization also receives funding from local, state, and/or federal governments. This Complaint meets applications requirements as set forth under Section 36.102 (1)(b) and (c) Public Accommodations in a commercial exercise facility. This Complaint meets eligibility requirements under 36.301(a). Modifications to the YMCA's policies, practices, and procedures are hereby requested pursuant to Section 36.302(a). The YMCA cannot claim its music and sound be kept at these offensive and loud levels, as sound levels in an exercise class should not exceed the 85 decibel ceiling. YMCA can modify its practices by keeping the door to this exercise room closed, and install more fans in the room. No civil or other actions have been filed in local, state, or federal court.

Title III Complaint v. YMCA January 26, 2011 Page Five V. Actions Requested Pursuant to Sections 35.502(a), (b), and (c), I hereby request the Attorney General to investigate the aforementioned alleged violations, and to undertake all remedies as provided under Sections 36.503(a) and (b), including, relief as specified under Section 36.504. The YMCA can make reasonable accommodations with very limited expense and impact on the exercise classes that wish to play loud music. They cannot claim its music and sound be kept at these offensive and loud levels, as sound levels in an exercise class should not exceed the 85 decibel ceiling. YMCA can modify its practices by keeping the door to this exercise room closed, and installing more fans in the music room. YMCA and exercise facilities across the U.S. should also assure that decibel levels do not exceed the 85 decibel ceiling that can cause hearing damage, and assure that sound levels in nearby member areas do not present unhealthful conditions to persons with neurological disorders and SSH. This Complaint raises an issue of widespread public importance to which discriminatory practices are occurring all across the U.S., with little hope for a change in practice without intervention by the Attorney General. I certify that the aforementioned statements are true and correct, and if called upon to testify as a witness, I could attest to the truthfulness of these statements and attached exhibits. Executed in Newport Beach, California, on the 26th day of January, 2011. ___________________________________________ ___________________________ Stephen Dolle Date Complainant

Title III Complaint v. YMCA January 26, 2011 Page Six

ATTACHED EXHIBITS A. December 14, 2010, Stephen Dolle Complaint of Unhealthful Exposure to Loud Music at YMCA, Request for Reasonable Accommodation. B. January 3, 2011, Letter and Response from Executive Director Ron Erickson, Central Orange Coast YMCA, to Request for Reasonable Accommodation. C. January 14, 2011, Email Response from Ron Erickson, Central Orange Coast YMCA; and Stephen Dolle's January 17, 2011, Response to Ron Erickson's Email. D. OSHA Web Page, Section III: How do I evaluate noise exposure? E. Decibel Graph by DangerousDecibels.org: How Loud is It? F. Dec. 2003 Hyperacusis Publication, from the Journal of the Royal Society of Medicine G. Understanding Auditory Processing Disorders in Children, by the American Speech Language Hearing Association H. Auditory Processing Disorder in Children, by the U.S. National Institutes of Health I. Witwer Services Occupational Therapy, St. Luke's Center, Reference to Hydrocephalus J. Sound & Sensory Issues in Hydrocephalus by Stephen Dolle, Dolle Communications, 2002

STEPHEN DOLLE Newport Beach, CA Tel. (949) 642-4592 December 14, 2010 Mr. Jeff McBride, CEO YMCA of Orange County 13821 Newport Ave., Ste. 200 Tustin, CA 92780 FAX (714) 508-7683 Via FAX and Mail Mr. Ron Erickson Central Coast YMCA 2300 University Dr. Newport Beach, CA 92660 FAX (949) 645-3570 Via FAX and Mail Re: Complaint of Unhealthful Exposure to Loud Music in Central Coast Y Ab-Training Room; Request for a Reasonable Accommodation in Exposure to this Noise pursuant to the 1990 Americans with Disabilities Act (ADA). Dear Gentleman: I am writing you to ask that you provide a "Reasonable Accommodation" to limit my exposure to the loud music from the exercise-music room at the Central Coast YMCA, which has been making me ill over the last 1-2 months when I workout. I repeatedly have had to get up and walk over and close this door, a door I am told is supposed to be kept closed. Just a few minutes of exposure to this is enough to make me ill for 30-60 minutes, and longer, not to mention be upsetting. I suffered a brain injury and subsequent hydrocephalus shunt placement in 1992, and live with increased sensitivity to sound, commonly termed today "sensory integration disorder." This disorder affects perhaps 20 percent of the population. My disability is protected under the Americans with Disabilities Act, or ADA. I would have thought that the YMCA would have more understanding and sensitivity to health issues from sound, with its emphasis to seniors and young children. But apparently not. It is my finding that most of the staff are ignorant of other's limitations to raucous sound levels. The one staff member who did understand, and with whom I repeatedly discussed this, was Peter. But he was not always available to assure that the door be kept closed. So I am taking this step of serving you both with this "complaint" and "request" for a reasonable accommodation to protect me from harmful exposure to loud music so I may use the facility, as repeated verbal attempts to mitigate this problem have failed to produce and change in practice. Last week an elderly man heard me complaining, and shared that he personally knew senior members who stopped coming to the facility due to the loud music. Gentleman, when I hear of this, I see RED! I left 24 Hour Fitness for this reason, expecting the YMCA to be quieter and more considerate. Now, this YMCA has tendered a whole new philosophy of exercise, and it doesn't include seniors or persons with disabilities.

Complaint on Exposure to Loud Music December 14, 2010 Page -2- It would be nice if I were to be able to enjoy some of these classes that feature music and dancing. I understand how the music is an integral part of the exercises. I am a drum circle facilitator and neuroscientist, and am quite familiar with assimilating sound and movement. But there should be boundaries. I have a personal decibel meter, and if need be, I can bring it in and assess sound levels. At this juncture, I am only requesting that I not be subjected to excessive sound levels in the adjacent ab-training room. On a related note, there was a middle-aged trainer, Kurt, who was let go earlier this year, apparently because he could not sign on to this new exercise philosophy. Kurt was very good with seniors, and I found him to be very understanding of the challenges and health issues I face. By contrast, I feel the majority of the young staff now are "clueless" as to the needs of seniors and persons with disabilities. I have written to the both of you in the hope of bringing an immediate resolution to this rampant noise and loud music problem. I would ask that you review your policies and procedures for how you can better accommodate seniors and persons with disabilities, and contact me as soon as possible with your plans to make your facility more accessible and in compliance with the ADA. Respectfully, Stephen M. Dolle