In January, 2021, the US Department of Justice (DOJ) settled a lawsuit with the St. Louis, MO, Board of Election Commissioners (Board) regarding voting locations that were not ADA accessible during the 2019 election. One of the issues in the settlement was polling places where remediation of the polling place and relocation to another polling facility were infeasible.

If the Board asserts, and the DOJ agrees, that remediation and relocation to an accessible polling place location are infeasible, then the Board shall comply with Title II’s program accessibility requirements [28 C.F.R. Part 35, Subpart D] and provide absentee voting and effective curbside voting. Effective curbside voting includes:

1. signage outside of the location informing voters of the availability of curbside voting, the location of the curbside voting, and how voters can notify the official that they are waiting curbside

2. a curbside voting 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 their arrival at the curbside voting location without requiring the voter to bring a companion or get assistance from another voter (e.g., a temporary doorbell or buzzer system at the curbside voting location 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 at curbside

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

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

Many cities and almost each county in the United States has an Election Commission with a Board of Election Commissioners. These organizations and individuals have a responsibility to provide ADA accessible election polling places throughout their voting areas. Failure to do so not only prevents disabled individuals from exercising their legal rights for voting but also places at risk their municipalities for legal litigation to remedy their oversight.

The 1991 ADA Standards and the 2010 ADA Standards are laws, not building codes. It is the responsibility of all government agencies and private enterprise building owners and tenants to be aware of these laws and how they may pertain to their facilities. Failure to comply with these laws could result in a similar settlement or agreement.

If you observe a building or polling place 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.

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.

Thank you,

Richard Acree
615-752-0060
inspections4ada@gmail.com