Case: United States v. Augusta County

This action was brought by the United States of America ("Plaintiff"), acting through the U.S. Department of Justice's Civil Rights Division, Disability Rights Section, against Augusta County, Virginia ("Defendant"), to enforce Title II of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. §§ 12131–12134, and its implementing regulation, 28 C.F.R. Part 35.

In early 2013, the Department of Justice ("DOJ") began an investigation into Augusta County's Election Day polling locations to determine whether the County's twenty-five locations were ADA-compliant. After federal representatives visited and inspected each location, the DOJ issued a Letter of Findings pursuant to 28 C.F.R. § 35.172, concluding that only four of the County's twenty-five polling places used in the 2013 elections were accessible on Election Day to voters with disabilities. Nineteen locations were determined to be remediable with the implementation of temporary measures such as portable ramps. Furthermore, the Department of Justice found that the remaining two locations—including the Augusta County Government Center—could not be made accessible without permanent architectural modifications.

Notwithstanding the DOJ's findings, Augusta County continued to use twenty-four of the investigated polling locations in subsequent elections, including the two facilities that required permanent modifications.

The United States filed its complaint on November 4, 2015, asserting that Augusta County had discriminated against voters with disabilities based on the noncompliance identified during the investigation. Specifically, the complaint noted that several locations featured barriers such as excessively sloped parking areas, narrow doorways, steep ramps, protruding objects, and inaccessible doorknobs. Based on these conditions, the United States argued that Augusta County was discriminating against voters with disabilities by operating a voting program that was physically inaccessible to persons with mobility and vision impairments—effectively denying them the same opportunity as nondisabled voters to cast their ballots in person on Election Day. Additional alleged violations included (i) denying individuals with disabilities the opportunity to participate in or benefit from the County's voting services; (ii) affording them an unequal opportunity to do so compared to nondisabled individuals; (iii) selecting polling place facilities that excluded or discriminated against them; (iv) failing to administer the voting program in the most integrated setting appropriate; and (v) failing to operate the voting program so that, when viewed in its entirety, it was readily accessible to and usable by persons with disabilities.  The case was assigned to Judge Elizabeth Kay Dillon.

The United States sought a declaratory judgment, injunctive relief requiring the County to develop an immediate compliance plan, and compensatory damages for aggrieved persons harmed by the County's noncompliance.

The parties ultimately agreed to resolve the dispute through a voluntary Consent Decree, reflecting their mutual understanding that settlement without further litigation was in both parties' interests.

The Consent Decree was entered by the Court on January 20, 2016 (the "Effective Date") and was set to remain in effect for five years thereafter, subject to extension by mutual written consent of the parties. The Decree imposed obligations across three principal areas: (A) remediation of existing polling sites and relocation of polling sites where remediation was not feasible; (B) revision of the County's site selection process; and (C) enhanced training, Election Day compliance measures, and ongoing enforcement obligations.

Under the Consent Decree, Augusta County was required to remediate accessibility violations by either implementing temporary or permanent adjustments to existing locations or replacing inaccessible polling places with alternative accessible sites. For the Augusta County Government Center specifically, the County was required to retain an architect, submit a remediation plan to the United States for review and approval within 90 days of the Effective Date, and complete implementation no later than the November 2016 election.

Augusta County also agreed to conduct accessibility surveys within 180 days of the Effective Date and submit the results to the United States for review. The County was further required to maintain in operable working condition on Election Day all relevant features and equipment—including permanent infrastructure such as lifts and elevators, and temporary equipment such as portable ramps, traffic cones, signs, wedges, and door stops.

Augusta County was also required to develop a survey instrument based on the 2010 ADA Standards for Accessible Design and the United States' "ADA Checklist for Polling Places" within 90 days of the Effective Date. The Department of Justice was entitled to review the resulting survey instrument. The County further agreed to assess each newly proposed polling place using that instrument before selection and to reject any location that was inaccessible and incapable of being made temporarily accessible on Election Day. For each newly selected location during the term of the Decree, Augusta County was required to notify the United States within 21 days of the selection decision and obtain approval before using the location in an election.

Prior to each election, Augusta County was required to train election officials and poll workers on the implementation of temporary remedial measures and the role of designated Election Day Surveyors ("EDSs").

The County was also required to provide each election official with a checklist of required temporary measures for their assigned polling place. EDSs—County personnel or contractors—were required to visit each polling location on Election Day to review compliance, document both compliant and non-compliant conditions with photographs, and remedy any deficiencies where possible. Copies of all checklists and compliance documentation were to be provided to the United States within 90 days of each election. If a polling place failed to properly implement the required temporary remedial measures in two consecutive elections, the County was required to discontinue its use and relocate voting operations to an accessible alternative.

Finally, the United States retained the right to review Augusta County's compliance with its obligations under the Consent Decree.

Upon a finding of noncompliance, the Department of Justice was entitled to notify Augusta County in writing and seek resolution in good faith. If a satisfactory resolution could not be reached within 60 days, the United States was authorized to file a motion to enforce the Decree or seek other appropriate relief. The Decree was expressly binding on Augusta County's successors, including any successor members of the Board of Supervisors or Electoral Board, and each party agreed to bear its own costs and attorney's fees.

The case was dismissed in January 2016.