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DOJ Sues LA County for ADA Non-Compliance at Voting Locations

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On August 1, 2024, the US Department of Justice (DOJ) Civil Rights Division and the U.S. Attorney’s Office for the Central District of California (AOCDC) secured an agreement with Los Angeles County, California, (County) to resolve the DOJ lawsuit alleging the County violated the Americans with Disabilities Act (ADA) by denying voters with mobility and vision disabilities an equal opportunity to vote. Under the agreement, the County will hire an independent accessibility expert for three years to ensure the County selects voting centers that will be accessible. The expert will report to the County and the DOJ. To learn more, please read the press release.

The U.S. AOCDC had surveyed hundreds of polling places in the June 2016, March 2020, November 2020 and November 2022 elections and found the vast majority had architectural barriers, such as steep ramps, abrupt level changes at walkways and entrance doors, and lack of accessible parking. These impediments prevented people with mobility and vision disabilities from being able to safely access vote centers and cast their ballots in person. The lawsuit also alleged that the county’s curbside voting program was inaccessible, as certain vote centers lacked signage indicating that curbside voting was available or failed to provide sufficient means by which a voter could contact an election worker for assistance with curbside voting.

With more than 500 political districts and approximately 4.3 million registered voters, Los Angeles County is the largest election jurisdiction in the nation.

The settlement will increase accessibility for voters with disabilities. The duties of the Expert will include the following:

  1. Consulting with the County on site selection policies and procedures for voting locations.

  2. Evaluating the County’s policies and procedures that relate to the accessibility of the County’s Vote Centers.

  3. On December 15, 2024, and every six (6) months thereafter, providing a draft report for at least one hundred (100) facilities, buildings, sites, or locations maintained as viable for consideration as Vote Centers.

  4. Including in one of the Expert’s biannual reports under item 3 above, where the Expert deems necessary, a recommendation that the County reject or discontinue maintaining as viable a facility, building, site, or location as a Vote Center because it is not sufficiently accessible or cannot be made accessible during a voting period.

  5. Any duties agreed upon with the Expert beyond the scope of this agreement may only be added and approved at the discretion of the County.

The County will pay all fees and costs associated with the Expert as negotiated between the County and the Expert on a per Fiscal Year basis for services specific to and for the duration of this agreement.

California has some of the toughest accessibility requirements in the country. Yet the largest county election district in the country did not or could not fully comply with the ADA or the CA accessibility requirements. Had the County taken the pro-active initiative to ensure the voting locations, policies and procedures were compliant with the ADA this legal proceeding could have been avoided and many voters living with disabilities could have exercised their rights as citizens in the United States.

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If you observe a voting location, policy or procedure that is not ADA compliant and you would like to know how to proceed, please see the link at What To Do When A Building Is Not ADA Compliant or Accessible. Or call Richard Acree at 615-752-0060.

ADA Inspections Nationwide, LLC, offers ADA/ABA/FHA accessibility compliance inspections for buildings and facilities, as applicable to the different laws, and expert witness services with respect to ADA/ABA/FHA laws for building owners, tenants and managers. Also, ADAIN offers consulting for home modifications as a CAPS consultant for people wishing to age in place in their homes. For a complete list of services please see ADAIN Services, or call Richard at 615-752-0060, or email inspections4ada@gmail.com .

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