SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF CHESAPEAKE REGARDING THE ACCESSIBILITY OF POLLING PLACES

A. Accessible Voting Program

11. The City of Chesapeake shall not exclude individuals with disabilities from participation in or deny them the benefits of the voting program, or subject them to discrimination, on the basis of disability. 42 U.S.C. § 12132, 28 C.F.R. §§ 35.130(a), and 35.149. The City shall select facilities to be used as polling places that do not exclude individuals with disabilities from or deny them the benefits of the polling place, or otherwise subject them to discrimination. 42 U.S.C. § 12132; 28 C.F.R. § 35.130(b)(4). The City shall administer its voting program in the most integrated setting appropriate to the needs of persons with disabilities. 28 C.F.R. § 35.130(d).

12. For all elections occurring after the Effective Date of this Agreement, the City will implement measures to remediate the violations at polling places identified and as set forth in Attachment 1, to make those polling place locations accessible on Election Day, or will relocate those locations to an alternative accessible location pursuant to the process established in Paragraph 17 of this Agreement. Nothing in this Agreement limits the City from making ADA-compliant, permanent modifications to its polling place locations instead of providing temporary remedial measures or relocating a polling place location. If remediation as listed on Attachment 1 or relocation to an accessible facility cannot be achieved under applicable law and regulations, as agreed to by the United States, then the City agrees to comply with title II's program accessibility requirements.

13. The City shall maintain in operable working condition on Election Day those features of facilities and equipment (including, but not limited to, permanent equipment such as lifts and elevators, and temporary equipment such as portable ramps, traffic cones, signs, wedges, and door stops) that are required to make polling places accessible to and usable by persons with disabilities. 28 C.F.R. § 35.133(a). If circumstances arise such that a polling place location that was previously accessible is no longer accessible because a feature of the facility or equipment is no longer operable, then the City shall purchase new equipment or relocate the polling place to an alternative, accessible location pursuant to the process established in Paragraph 17 of this Agreement. If remediation or relocation to an accessible facility is impossible, as agreed to by the United States, then the City agrees to comply with Title II's program accessibility requirements.

14. The City will cooperate fully with the United States' efforts to monitor compliance with this Agreement, including but not limited to, providing the United States with timely access to polling places (including on Election Day), maps, surveys, and other requested information.

15. The City agrees that the following measures are reasonable and will be implemented where necessary to make an otherwise inaccessible polling place accessible on Election Day. The list of measures is not exhaustive; the City may propose other reasonable temporary measures subject to the review and approval of the United States.

    1. Portable ramps (including curb ramps) up to and including ramps six feet long, with side edge protection.

    2. Portable wedges or wedge ramps.

    3. Floor mats.

    4. Traffic cones.

    5. Relocating furniture or other moveable barriers.

    6. Door stops.

    7. Propping open doors.

    8. Unlocking doors.

    9. Signage, including parking signage.

    10. Portable buzzers or door bells.

    11. Removing astragals (door posts) that are not a permanent part of the structure from doorways.

16. The City agrees that for polling places that are inaccessible and cannot be made accessible through temporary measures (as identified by communications by the City to the United States in August and September of 2016, or, comparable measures to those communicated if the City identifies other more feasible accessibility measures), it will implement the temporary measures available to increase accessibility, and enhance the availability of curbside voting for the June 13, 2017 election. Curbside voting at these locations will include:

    1. signage informing voters of the possibility of voting curbside, the location of the curbside voting, and how a voter is supposed to notify the official that she is waiting curbside;

    2. location that allows the curbside voter to obtain information from candidates and others campaigning outside the polling place;

    3. a method for the voter with a disability to announce her arrival at the curbside (a temporary doorbell or buzzer system would be sufficient, but not a telephone system requiring the use of a cell phone or a call ahead notification);

    4. a prompt response from election officials to acknowledge their awareness of the voter;

    5. timely delivery of the same information that is provided to voters inside the polling place; and

    6. a portable voting system that is accessible and allows the voter to cast her ballot privately and independently.

17. After the November 8, 2016 election, for the polling places referenced in Paragraph 16 of this Agreement, compliance (subject to finding that compliance "cannot be achieved") of the 20 audited polling places are to be met by the first general election following the effective date that is at least 120 days from notice to the City of the full execution of the agreement. The City will ensure that the polling places are accessible on Election Day through the use of temporary or permanent measures, or relocate the inaccessible polling place location to an accessible polling place location selected pursuant to the process established by Paragraph 18 of this Agreement. If selection of an accessible facility, or one that can be made accessible on Election Day, cannot be achieved, as agreed by the United States, then the City agrees to comply with Title II's program accessibility requirements.