SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND BLAIR COUNTY, PENNSYLVANIA

BACKGROUND

1. The United States Department of Justice (the “Department”) opened an investigation of Blair County, Pennsylvania (the “County”) under title II of the Americans with Disabilities Act of 1990, as amended (“ADA”), 42 U.S.C. §§ 12131 - 12134, and the Department’s title II implementing regulation, 28 C.F.R. Part 35, to determine the accessibility of the County’s polling places to people with disabilities.

2. The County has 97 voting divisions, currently housed in 86 polling place locations.  The County, through its Elections Office, is responsible for reviewing the accessibility of each polling place and selecting each polling place.

3. Based on reviews of 82 voting divisions, housed in 71 polling place locations, conducted by the Department during the November 2012 election, the Department concluded that many of the County’s polling places contain barriers to access for persons with disabilities and are not compliant with requirements of the ADA.

4. The County is a “public entity” within the meaning of the ADA, 42 U.S.C. § 12131(1), and 28 C.F.R. § 35.104, and is, therefore, subject to title II of the ADA, 42 U.S.C. §§ 12131 – 12134.

5. The Department is authorized under the ADA to determine the County’s compliance with title II of the ADA and the Department’s title II implementing regulation, to issue findings, and, where appropriate, to negotiate and secure voluntary compliance agreements.  28 C.F.R. Part 35, Subpart F.  Furthermore, the Attorney General is authorized, under 42 U.S.C. § 12133, to bring a civil action enforcing title II of the ADA if voluntary compliance cannot be secured.

6. The County denies the Department’s allegations.