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This was an out of court matter initiated by the United States Department of Justice Civil Rights Division (DOJ) under Title II of the Americans with Disabilities Act (ADA). The DOJ conducted an investigation into the election websites of four Texas counties, Colorado, Runnels, Smith and Upton counties, as part of its ADA voting initiative to protect the rights of voters with disabilities. Following the investigation, the DOJ detailed its findings in four public letters to each county on November 6, 2023, concluding that all four counties maintained election websites that discriminated against individuals with vision or manual disabilities, in violation of the ADA.
The election websites were essential for voters, as they provided important information about how to vote, such as registration requirements, identification requirements and voting information for people with disabilities. The websites also linked to other critical information, including details about early voting and voting on election day.
The DOJ determined that the websites were not accessible to individuals who were blind or had low vision, or who were unable to grasp a mouse, and use screen readers, keyboards or other assistive technology. Website menus were inaccessible and incorrectly labeled, and there were many posted documents which were inaccessible to people who used assistive technology. In addition, headings were improperly used, page titles were not unique, search results were inaccessible, and images lacked proper alternative texts. Hidden links also caused confusion for users with disabilities. Due to the inaccessibility of the election websites, the DOJ concluded that the counties denied people with visual and manual disabilities equal access to election programs and online services provided through these websites, and failed to ensure effective communication with people with disabilities.
The Department outlined remedial measures for the County to address these violations. The measures included ensuring website accessibility by complying with federal standards, monitoring ongoing compliance, establishing procedures for feedback and complaints, adopting a nondiscrimination policy, appointing an ADA Coordinator, training staff, and providing status reports on compliance efforts.
On June 17, 2024, the DOJ signed a settlement agreement with the four counties. Under the agreement, the counties agreed to make future and existing election content on their websites accessible to people with disabilities. In addition, the counties agreed to hire an independent auditor to evaluate accessibility of their websites' content going forward.
The investigation is now closed.
Summary Authors
Simran Takhar (12/21/2023)
State / Territory:
Case Type(s):
Key Dates
Closing Date: June 17, 2024
Case Ongoing: No
Plaintiffs
Plaintiff Description:
The United States Department of Justice Civil Rights Division
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
Colorado County (Colorado), County
Runnels County (Runnels), County
Defendant Type(s):
Case Details
Causes of Action:
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Other Dockets:
Special Case Type(s):
Available Documents:
Outcome
Prevailing Party: None Yet / None
Relief Granted:
Source of Relief:
Issues
General/Misc.:
Access to public accommodations - governmental
Disability and Disability Rights:
Screen readers and similar accessibility devices
Discrimination Basis:
Disability (inc. reasonable accommodations)
Voting: