DOJ Lawsuit Settlement with St. Louis BEC for ADA Violations at Polling Places
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On January 12, 2021, the Department of Justice (DOJ) reached a settlement under Title II of the Americans with Disabilities Act (ADA) with the Board of Election Commissioners (BEC) for the City of St. Louis (Board), identified as DJ NO. 204-42-155, to ensure that St. Louis polling places are accessible during elections to individuals with mobility and vision impairments.
The DOJ reviewed the Board’s voting program for compliance with the ADA. The Board has over 220 precincts, currently housed in over 100 polling place locations, including buildings that are privately or publicly owned. During the April 2, 2019 election, the DOJ surveyed 39 of the Board’s 111 polling places used during the election. The DOJ observed that all of the 39 polling places surveyed contained at least one or more architectural barrier including:
inaccessible parking
ramps that were too steep
stairs at the only entrance or route to the voting area
doorways with thresholds that were too high.
voting machines lack adequate maneuvering space and reach ranges for voters with disabilities
failure to provide accessible curbside voting and auxiliary aids and services, including headphones for some accessible voting machines,
failure to provide voters with disabilities the same amount of privacy and independence while voting
Under the agreement, the Board will begin remediating its voting program. To make its selected polling places accessible, the Board will:
employ temporary measures, such as portable ramps, signage, and propped open doors
train its poll workers and other elections staff on the requirements of the ADA and how to use temporary measures to ensure each polling place is accessible during elections
will survey polling locations for accessibility
will adopt a polling place accessibility survey instrument that conforms with the 2010 Standards
maintain the accessibility of each polling place it uses on election days
when selecting future polling places, select locations that will be accessible during elections
when a new prospective polling place location is identified, the Board will provide DOJ notice within twenty-one (21) days of the proposed new location, along with copies of all surveys, including photographs of the polling place
if remediation and relocation to an accessible polling place location are infeasible, then the Board shall provide absentee voting and effective curbside voting
will provide training on Title II of the ADA and the requirements of this settlement agreement as applies to the Board’s voting program
will develop a checklist of the temporary measures to be implemented on election day at each polling place location where such measures are required
will designate Board personnel (or contractors) as Election Day Surveyors (EDSs) to review compliance at the polling place locations where temporary measures are to be implemented on Election Day
will designate an employee to serve as an ADA Coordinator for the Board
will provide a written report every 90 days from the effective date to the DOJ regarding complaints alleging that the Board’s voting program discriminates against persons with disabilities
within ninety (90) days of the effective date of this settlement agreement, the Board shall submit its revised policies, practices, and procedures to the DOJ for review and approval