SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND FAUQUIER COUNTY REGARDING THE ACCESSIBILITY OF POLLING PLACES

BACKGROUND

1. The United States Attorney’s Office for the Eastern District of Virginia (“USAO”) opened an investigation of Fauquier County (the “County”) under title II of the Americans with Disabilities Act of 1990, as amended (“ADA”), 42 U.S.C. §§ 12131 - 12134, and title II’s implementing regulation, 28 C.F.R. pt. 35, to determine the physical accessibility of County’s polling places to people with mobility and vision disabilities. Title II of the ADA prohibits public entities from excluding individuals with disabilities from participation in or denying them the benefits of the voting program, or subjecting them to discrimination, on the basis of disability.  42 U.S.C. § 12132, 28 C.F.R. §§ 35.130(a), 35.149.  Title II also prohibits public entities from selecting facilities to be used as polling places that have the effect of excluding individuals with disabilities from or denying them the benefits of the voting program, or otherwise subjecting them to discrimination.  28 C.F.R. § 35.130(b)(4).  Title II requires public entities to administer their services, programs, and activities in the most integrated setting appropriate to the needs of qualified individuals with disabilities.  28 C.F.R. § 35.130(d).

2. Fauquier County is a “public entity” within the meaning of the ADA, 42 U.S.C. § 12131(1), and 28 C.F.R. § 35.104, and is, therefore, subject to title II of the ADA, 42 U.S.C. §§ 12131 – 12134, and its implementing regulation, 28 C.F.R. pt. 35.

3. The USAO is authorized under the ADA to determine the County’s compliance with title II of the ADA and title II’s implementing regulation, and to resolve the matter by informal resolution, such as through the terms of this Agreement.  If informal resolution is not achieved, the USAO is authorized to issue findings, and, where appropriate, to negotiate and secure voluntary compliance agreements. 28 C.F.R. pt. 35, Subpart F. The Attorney General is authorized, under 42 U.S.C. § 12133, to bring a civil action to enforce title II of the ADA.

4. The County, through its Electoral Board, is responsible for reviewing the accessibility of each polling place and selecting each polling place. The County has 20 voting precincts, currently housed in 21 polling place locations.

5. In the November 3, 2015 election, the USAO surveyed 14 of the County’s 20 polling place locations. The USAO found that many of the County’s polling places contain barriers to access for persons with disabilities, and thus the County violated title II by failing to select facilities to be used as polling places on Election Day that are accessible to persons with disabilities. The USAO’s findings are contained in Attachment 1.