Filed Date: Oct. 13, 2006
Closed Date: Jan. 7, 2009
Clearinghouse coding complete
This is a case about enforcing the Voting Rights Act and compelling the establishment of effective voting mechanisms for voters who have limited proficiency in English. On October 13, 2006, the Civil Rights Division of the U.S. Department of Justice (DOJ) filed this lawsuit in the U.S. District Court for the Eastern District of Pennsylvania. The DOJ sued the City of Philadelphia, Philadelphia City Commissioners and the Philadelphia County Board of Elections under Sections 203 and 208 of the Voting Rights Act (VRA).
DOJ sought: a declaration that the defendants’ policies violated the VRA and that they were enjoined from engaging in that conduct, an order that the defendants were required to develop a plan ensuring 1) that Spanish-speaking citizens were able to participate in all phases of the electoral process and 2) that voters would be able to receive assistance to vote from an individual of their choice, the appointment of Federal observers for elections held in Philadelphia until December 31, 2009, and attorney’s fees.
They claimed that the defendants failed to provide Spanish-speaking voters with voting notices, forms, instructions, assistance, as well as other materials and information related to the voting process in Spanish, and failed to maintain an adequate pool of bilingual poll workers capable of providing election information and assistance in Spanish, in violation of the defendants' obligations under section 203 of the VRA. DOJ also claimed a violation of the defendants’ obligations under section 208 of the VRA because they failed to allow Spanish-speaking voters to receive assistance from an individual of their choice. The complaint was later amended on April 26, 2007, to claim further violations of Section 2 of the VRA as the election system and procedures implemented by the defendant denied minority voters equal access to the election process, and violations of 4(e) of the VRA because the defendants failed to provide election information to citizens educated in Spanish in American flag schools in Puerto Rico. The amended complaint also claimed violations of the Help America Vote Act (HAVA) because the defendants failed to provide alternative-language information, and a violation of Section 8 of the National Voter Registration Act (NVRA) for failing to remove deceased voters from the rolls.
DOJ filed a motion for a temporary restraining order or, in the alternative, a preliminary injunction on October 25, 2006, asking for federal observers to oversee the defendants’ election procedures at the November 7, 2006 election. The motion was heard before a three-judge panel. The court denied the request, stating that DOJ failed to request the relief in a timely manner, had waited too close to the election to file their request, and had also failed to meet its burden and show that the requested relief is necessary.
The parties reached a settlement agreement on April 26, 2007, after which they jointly agreed to stipulate to the dismissal of the case against the defendants. The settlement required the defendants to: establish an effective bilingual program, including bilingual interpreters and alternative-language information, allow limited-English proficient voters to receive assistance from an individual of their choice, provide alternative-language information, and undertake a program of voter list maintenance. The court dismissed the case on May 30, and retained jurisdiction over the matter until July 1, 2009, to enforce the terms of the settlement. On July 14, 2008, the settlement agreement was amended to require the defendant to broaden its pool of interpreters by training, certifying, and assigning interpreters to the locations where Spanish-language interpretation services were necessary.
Summary Authors
Simran Takhar (1/4/2023)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/12228068/parties/united-states-v-city-of-philadelphia/
EVERSOLE, M. ERIC (Pennsylvania)
JUNG, VERONICA S. (Pennsylvania)
FLETMAN, ABBE F. (Pennsylvania)
GERSH, ADAM E. (Pennsylvania)
HACKETT, LIZANNE V. (Pennsylvania)
See docket on RECAP: https://www.courtlistener.com/docket/12228068/united-states-v-city-of-philadelphia/
Last updated Nov. 2, 2025, 1:04 a.m.
State / Territory:
Case Type(s):
Key Dates
Filing Date: Oct. 13, 2006
Closing Date: Jan. 7, 2009
Case Ongoing: No
Plaintiffs
Plaintiff Description:
The Civil Rights Division of the Department of Justice filed this suit to enforce provisions of the VRA.
Plaintiff Type(s):
U.S. Dept of Justice plaintiff
Attorney Organizations:
U.S. Dept. of Justice Civil Rights Division
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
City of Philadelphia (Philadelphia), City
Philadelphia County Board of Elections (Philadelphia), County
Defendant Type(s):
Case Details
Causes of Action:
Help America Vote Act (HAVA), 52 U.S.C. § 20901 et seq (previously 42 U.S.C. § 15301 et seq)
Voting Rights Act, unspecified, 52 U.S.C. § 10301 et seq (previously 42 U.S.C § 1973 et seq.)
Other Dockets:
Eastern District of Pennsylvania 2:06-cv-04592
Available Documents:
Outcome
Prevailing Party: Plaintiff
Relief Granted:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Content of Injunction:
Order Duration: 2007 - 2009
Issues
General/Misc.:
Disability and Disability Rights:
Discrimination Basis:
Disability (inc. reasonable accommodations)
Affected Language(s):
Voting: