U.S. Department
of Justice
Disability Rights Cases
U.S. v. Township of New Hartford, MN
On October 21, 2024, the United State Attorney's Office for the District of Minnesota executed a settlement agreement with New Hartford Township, Minnesota, pursuant to Title II of the ADA. The settlement agreement resolved a complaint from an individual that the Town Hall, used as a polling place, has physical barriers making it inaccessible to individuals with disabilities. The agreement requires the Township to revise its ADA policies, remediate the physical barriers, provide a temporary alternative accessible polling place, and provide reporting.
League of Women Voters of Ohio v. Frank LaRose
On June 17, 2024, the United States filed a Statement of Interest in the League of Women Voters v. Frank LaRose, No. 23-cv-02414 (N.D. Ohio). Plaintiffs allege that Ohio law unlawfully restricts who may assist voters with disabilities with voting absentee in violation of Title II of the ADA, Section 208 of the Voting Rights Act, and other laws. Ohio’s law added a criminal penalty for impermissibly possessing or returning another person’s absentee ballot. The SOI confirms that Section 208 permits voters with disabilities who require assistance to receive that assistance from any person they choose, so long as that person is not an agent of the voter’s employer or union. It also affirms that Title II requires public entities provide equal opportunities to vote absentee and allows voters with disabilities to use an assistor of their choice as a reasonable modification.
U.S. v. State of Alaska
On June 17, 2024, the Department of Justice issued a letter of findings that Alaska violated Title II of the ADA by denying voters with disabilities an equal opportunity to participate in the voting process, failed to provide an accessible ballot for in-person voting, selected inaccessible polling places for federal, state, and local elections, and maintained an inaccessible elections website.
Upton County, TX Election Website Accessibility
On June 14, 2024, the Civil Rights Division and the U.S. Attorneys’ Offices for the Eastern, Northern, Southern, and Western Districts of Texas secured settlement agreements with four Texas counties--Colorado, Runnels, Smith, and Upton--to resolve the Department's findings that the Counties violated Title II of the ADA by maintaining election websites that discriminate against individuals with vision or manual disabilities. The websites provide essential voting information and registration requirements. Under the settlement agreements, the counties agreed to make all future and existing online election content accessible to people with disabilities. The counties also agreed to hire an independent auditor to evaluate the accessibility of their election websites’ content, provide notice to visitors and users of the websites to solicit comments and requests about any accessibility barriers, designate an employee to coordinate its efforts, revise its procedures, and train relevant personnel.
Runnels County, TX Election Website Accessibility
On June 14, 2024, the Civil Rights Division and the U.S. Attorneys’ Offices for the Eastern, Northern, Southern, and Western Districts of Texas secured settlement agreements with four Texas counties--Colorado, Runnels, Smith, and Upton--to resolve the Department's findings that the Counties violated Title II of the ADA by maintaining election websites that discriminate against individuals with vision or manual disabilities. The websites provide essential voting information and registration requirements. Under the settlement agreements, the counties agreed to make all future and existing online election content accessible to people with disabilities. The counties also agreed to hire an independent auditor to evaluate the accessibility of their election websites’ content, provide notice to visitors and users of the websites to solicit comments and requests about any accessibility barriers, designate an employee to coordinate its efforts, revise its procedures, and train relevant personnel.
Smith County, TX Election Website Accessibility
On June 14, 2024, the Civil Rights Division and the U.S. Attorneys’ Offices for the Eastern, Northern, Southern, and Western Districts of Texas secured settlement agreements with four Texas counties--Colorado, Runnels, Smith, and Upton--to resolve the Department's findings that the Counties violated Title II of the ADA by maintaining election websites that discriminate against individuals with vision or manual disabilities. The websites provide essential voting information and registration requirements. Under the settlement agreements, the counties agreed to make all future and existing online election content accessible to people with disabilities. The counties also agreed to hire an independent auditor to evaluate the accessibility of their election websites’ content, provide notice to visitors and users of the websites to solicit comments and requests about any accessibility barriers, designate an employee to coordinate its efforts, revise its procedures, and train relevant personnel.
Colorado County, TX Election Website Accessibility
On June 14, 2024, the Civil Rights Division and the U.S. Attorneys’ Offices for the Eastern, Northern, Southern, and Western Districts of Texas secured settlement agreements with four Texas counties--Colorado, Runnels, Smith, and Upton--to resolve the Department's findings that the Counties violated Title II of the ADA by maintaining election websites that discriminate against individuals with vision or manual disabilities. The websites provide essential voting information and registration requirements. Under the settlement agreements, the counties agreed to make all future and existing online election content accessible to people with disabilities. The counties also agreed to hire an independent auditor to evaluate the accessibility of their election websites’ content, provide notice to visitors and users of the websites to solicit comments and requests about any accessibility barriers, designate an employee to coordinate its efforts, revise its procedures, and train relevant personnel.
U.S. v. Los Angeles County
On August 1, 2024, the Department of Justice reached an agreement with Los Angeles County to resolve its lawsuit alleging that the county violated the ADA by denying voters with disabilities an equal opportunity to participate in its voting programs, services, and activities when it failed to select and use facilities as polling places that are accessible to persons with disabilities. The lawsuit was filed in June 2023 after an investigation that found the county excluded individuals with disabilities from participating in its in-person voting programs by selecting and using vote centers with architectural barriers. The lawsuit also alleged that the county’s curbside voting program was inaccessible. Under the settlement agreement, the county will work with an independent accessibility expert for three years on site selection policies and procedures to ensure that the county selects locations to serve as voting centers that are, or can be made more accessible during the voting period. The county has agreed to work with the expert and the department to implement recommendations. The expert will provide semiannual reports on their findings to the county and the department.
In Re Georgia Senate Bill 202
On January 31, 2024, the Justice Department filed a statement of interest explaining how the ADA's equal opportunity and reasonable modification requirements apply in the voting context. The statement of interest was filed in In Re Georgia SB 202, a consolidated lawsuit challenging restrictions on absentee and in-person voting under Georgia Senate Bill SB 202 (“SB 202”). One of the private lawsuits alleges that SB 202 fails to provide people with disabilities an equal opportunity to vote absentee and in-person or make reasonable modifications to avoid disability-based discrimination, in violation of Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act. The department’s brief explains that, under the ADA, voters with disabilities must have an equal opportunity to vote by a particular method as do voters without disabilities, and that this equal opportunity requirement is separate from the requirement that public entities make reasonable modifications.
Board of Election Commissioners for the City of St Louis, MO
On Jan. 12, 2021, the Justice Department reached a settlement under Title II of the Americans with Disabilities Act (ADA) with the Board of Election Commissioners for the City of St. Louis to ensure that St. Louis polling places are accessible during elections to individuals with mobility and vision impairments. The department identified architectural barriers at St. Louis polling places, including inaccessible parking, ramps that were too steep, stairs at the only entrance or route to the voting area, and doorways with thresholds that were too high. The department also identified that the St. Louis Board fails to provide accessible curbside voting and auxiliary aids and services, including headphones for some accessible voting machines, and also fails to provide voters with disabilities the same amount of privacy and independence while voting as voters without disabilities. Under the agreement, the St. Louis Board will begin remediating its voting program. To make its selected polling places accessible, the St. Louis Board will employ temporary measures, such as portable ramps, signage, and propped open doors. In addition, the St. Louis Board will 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. The St. Louis Board will also survey polling locations for accessibility and maintain the accessibility of each polling place it uses on election days. When selecting future polling places, the agreement requires the St. Louis Board to select locations that will be accessible during elections.
On October 3, 2023, the Department and St. Louis Board agreed to modify and extend the agreement. The St. Louis Board will hire an expert for conducting or reviewing accessibility surveys, identifying appropriate temporary measures, and training staff. The agreement expires on July 11, 2025.
Town of Limerick Maine
On September 20, 2022 the U.S. Attorney’s Office for the District of Maine reached a settlement agreement under Title II of the ADA with the Town of Limerick, Maine, to resolve allegations that the town hall is not physically accessible. The agreement includes physical access alterations, adoption of a non-discrimination policy, review by the Department of relevant policies or procedures, and reports to the Department.
Carey v Wisconsin Election Commission
On August 18, 2022, the Justice Department filed a Statement of Interest in Carey, et al. v. Wisconsin Election Commission, et al., Case No. 3:22-cv-0402 clarifying the obligation to provide assistance to voters with disabilities under Section 208 of the Voting Rights Act and Title II of the ADA. In their motion for preliminary injunction, Plaintiffs argue that Wisconsin law violates Section 208 by barring the assistance they need to return their absentee ballots to be counted and that the ADA requires Wisconsin to make reasonable modifications in policies, practices, and procedures when the modifications are necessary to avoid discrimination on the basis of disability.