Case: DOJ Investigation of the Board of Election Commissioners for the City of St. Louis

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Case Summary

This matter was an investigation and settlement agreement to ensure polling place accessibility for voters with disabilities. On January 12, 2021, the Civil Rights Division of the U.S. Department of Justice (DOJ) announced that it had reached a settlement agreement with the Board of Election Commissioners for the City of St. Louis (“the Board”). The settlement agreement followed an investigation initiated by the DOJ under Title II of the Americans with Disabilities Act (ADA) following surveys a…

This matter was an investigation and settlement agreement to ensure polling place accessibility for voters with disabilities. On January 12, 2021, the Civil Rights Division of the U.S. Department of Justice (DOJ) announced that it had reached a settlement agreement with the Board of Election Commissioners for the City of St. Louis (“the Board”). The settlement agreement followed an investigation initiated by the DOJ under Title II of the Americans with Disabilities Act (ADA) following surveys and complaints indicating that the Board had failed to make polling places accessible to individuals with disabilities. As a public entity, the Board was subject to Title II and its regulations, which mandate non-discrimination in public services and accommodations. However, these investigations revealed that the Board, responsible for over 220 precincts across more than 100 polling locations, had failed to ensure accessibility for voters with disabilities.

During the April 2, 2019, election, a DOJ survey of 39 out of 111 polling places found that each one contained architectural barriers such as stairs, narrow doorways, and inaccessible door knobs, which hindered access for voters with disabilities. The DOJ also substantiated complaints that alleged the absence of accessible curbside voting, inadequate privacy and independence for voters with disabilities, inaccessible voting machines, and the failure to provide auxiliary aids necessary for using accessible voting machines effectively.

Despite these findings, the Board denied the DOJ’s allegations and did not admit any violation of the ADA. Nevertheless, the parties entered into a settlement agreement that outlined the Board's obligations to ensure the accessibility of its voting program. These obligations include maintaining the operable condition of facilities and equipment required to be accessible, providing an equal opportunity for communication and participation for voters with disabilities, and administering the voting program in the most integrated setting appropriate. 

The agreement also required the Board to revise its policies, practices, and procedures to comply with the ADA and to ensure that all polling places were accessible on Election Day, either through permanent architectural measures or temporary adjustments. Additionally, the Board was required to provide training on the ADA requirements to its staff and poll workers and establish a complaint resolution process for issues related to accessibility at polling places.

The settlement also included provisions for enforcement and monitoring compliance with the agreement; the DOJ could review compliance at any time and required biannual meetings to assess progress. The terms of the agreement set termination at three years following January 12, 2021, with provisions for early or partial termination if the Board demonstrated compliance. 

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 to conduct or review accessibility surveys, identify appropriate temporary measures, and train staff. The agreement now expires on July 11, 2025.

Summary Authors

(3/10/2024)

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Docket

Last updated Aug. 30, 2023, 1:26 p.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Missouri

Case Type(s):

Election/Voting Rights

Disability Rights

Public Accommodations/Contracting

Key Dates

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The U.S. Department of Justice (DOJ), initiating an investigation and settlement aggreement to enforce compliance with the Americans with Disabilities Act (ADA) and ensure accessible voting facilities for individuals with disabilities.

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

The Board of Election Commissioners for the City of St. Louis (St. Louis city), City

Defendant Type(s):

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Available Documents:

None of the above

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Content of Injunction:

Develop anti-discrimination policy

Provide antidiscrimination training

Monitoring

Issues

General/Misc.:

Access to public accommodations - governmental

Barrier Removal

Buildings

Disability and Disability Rights:

Reasonable Modifications

Sidewalks

Discrimination Basis:

Disability (inc. reasonable accommodations)

Voting:

Voting: Physical/Effective Access