SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND HARRIS COUNTY, TEXAS

INTRODUCTION

1. Following an investigation, the United States brought a civil action against Harris County, Texas (“Harris County”), to enforce Title II of the Americans with Disabilities Act of 1990, as amended (“Title II” and “ADA”), 42 U.S.C. §§ 12131-12134, and Title II’s implementing regulation, 28 C.F.R. Part 35.

2. The United States alleged that Harris County has discriminated, and continues to discriminate, on the basis of disability, by failing to provide physically accessible polling places to people with mobility and vision disabilities, as required by Title II and the Title II regulation.  The United States found that many of Harris County’s polling places contained architectural barriers such as excessively sloped parking areas, narrow doorways, steep ramps, protruding objects, and inaccessible doorknobs that rendered the facilities inaccessible to voters with disabilities. 

3. Harris County has over 1,000 voting divisions, currently housed in over 750 polling place locations.  Harris County also has Early Voting polling place locations; the number of these locations varies from election to election.  Harris County, through its County Clerk’s Office, is responsible for reviewing the accessibility of each polling place and selecting each polling place. 

4. Harris County denies the United States allegations and does not admit, concede, or otherwise acknowledge that it has violated the ADA. 

5. Individuals with mobility impairments have disabilities within the meaning of the ADA because those impairments substantially limit one or more major life activities of such individuals, including walking.  Individuals with vision impairments have disabilities within the meaning of the ADA because those impairments substantially limit one or more major life activities of such individuals, including seeing.  42 U.S.C. § 12102(2).

6. Harris 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 and its implementing regulation.

7. The term “Harris County,” as used in this Agreement, shall include the Harris County Clerk’s Office; all of the office’s members, officers, employees, contractors, successors, assigns, and administrative personnel; and any other person under the authority or control of Harris County.

8. Harris County operates services, programs, and activities within the meaning of Title II, including operating a voting program for federal, state, and local elections for which it selects and uses sites as polling places.

9. The Parties agree that it is in their mutual interest, and the United States believes that it is in the public interest, to resolve this lawsuit on mutually agreeable terms without further litigation.  In consideration of the mutual promises contained in this Agreement, good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to avoid the costs, expenses, and uncertainty of protracted litigation, the Parties, intending to be legally bound, enter into this Agreement.