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

BACKGROUND

1. The United States Department of Justice (the “Department”) opened an investigation of the City of Chesapeake (the “City”) 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 the City’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. The City of Chesapeake 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 Department is authorized under the ADA to determine the City’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 settlement agreement.  If informal resolution is not achieved, the Department 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 City, through its Board of Elections, is responsible for reviewing the accessibility of each polling place and selecting each polling place.  The City has 64 voting precincts, currently housed in 64 polling place locations.

5. In the May 3, 2016 election, the Department surveyed 20 of the City’s 64 polling place locations.  The Department found that many of the City’s polling places contain barriers to access for persons with disabilities, and thus the City 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 Department’s findings, with which the City disagrees as to whether certain deficiencies can be fully addressed by temporary measures, are contained in Attachment 1.