SETTLEMENT AGREEMENT
BETWEEN THE UNITED STATES OF AMERICA
AND THE CITY OF ECORSE, MICHIGAN

This Settlement Agreement (the “Agreement”) is entered into between the United States of America and the City of Ecorse, Michigan (collectively, the “Parties”).

BACKGROUND

1. The United States Attorney's Office for the Eastern District of Michigan, a component of the United States Department of Justice, (the "Department"), on behalf of the United States of America, initiated a compliance review of the City of Ecorse, Michigan (the "City") and its polling place system under title II of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. §§ 12131 - 12134, and the Department's title II implementing regulation.
2. Pursuant to the State of Michigan's policies, the City is responsible for reviewing the accessibility of each polling place and selecting each polling place. The City has 7 voting precincts, currently housed in 6 polling place locations and 1 absentee counting board.
3. The City, a municipality within the State of Michigan, is a "public entity" within the meaning of the ADA, 42 U.S.C. § 12131(1), 28 C.F.R. § 35.104, and is, therefore, subject to title II of the ADA, 42 U.S.C. §§ 12131 – 12134, and its implementing regulation, 28 C.F.R. pt. 35.
4. The Department is authorized under the ADA to determine the City'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. 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.
5. In the March 8, 2016 election, the Department surveyed all of the City's polling place locations. The Department found that many of the City's polling places contain barriers to access for persons with disabilities, and thus the City violated title II.
6. In order to assist the City to meet its obligations under the ADA, the Department has provided to the City copies of the surveys of the City's polling place locations conducted by the Department during the March 8, 2016 primary election. The Department has also provided its recommendations on the remedial measures necessary to make each location accessible on Election Day, where applicable.
7. 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.

TERMS OF SETTLEMENT

Obligations of the City of Ecorse

A. Accessible Voting Program

8. The City shall not exclude individuals with disabilities from participation in or deny them the benefits of the voting program, or subject them to discrimination, on the basis of disability. 42 U.S.C. § 12132, 28 C.F.R. §§ 35.130(a), and 35.149. The City shall select facilities to be used as polling places that do not exclude individuals with disabilities from or deny them the benefits of the polling place, or otherwise subject them to discrimination. 42 U.S.C. § 12132; 28 C.F.R. § 35.130(b)(4). The City shall administer its voting program in the most integrated setting appropriate to the needs of persons with disabilities. 28 C.F.R. § 35.130(d).
9. The City shall continue to maintain in operable working condition on Election Day those features of facilities and equipment (including, but not limited to, permanent equipment such as lifts and elevators, and temporary equipment such as portable ramps, traffic cones, signs, wedges, and door stops) that are required to make polling places accessible to and usable by persons with disabilities. 28 C.F.R. §35.133(a). If circumstances arise such that a polling place location that was previously accessible is no longer accessible because a feature of the facility or equipment is no longer operable, then the City shall purchase new equipment or relocate the polling place to an alternative, accessible location in accordance with Paragraph 13 of this Agreement.
10. Pursuant to the recommendations made by the Department referred to in Paragraph 6 of this Agreement, prior to the November 2016 election, the City will either implement the below recommendations to make the polling place locations temporarily accessible on Election Day, or will relocate inaccessible locations to an alternative accessible location pursuant to the process established by Paragraph 13 of this Agreement. All modifications required below shall be done in accordance with the applicable ADA 2010 Standards:
    1. Precincts 1, St. Francis Xavier Parish Center –
       1. Parking: Install sign identifying van accessible parking space, and repair the cracks in the parking lot.
       2. Polling Place Entrance: Ensure the second door (interior door) in the series of doors can be opened with less than 5 pounds of force. (Note: Door can be propped open with a door stopper as a temporary remedy on Election Day).
       3. Route from Entrance into Voting Area: Ensure that the door to the voting area can be opened with less than 5 pounds of force. (Note: Door can be propped open with a door stopper as a temporary remedy on Election Day).
       4. Within the Voting Area: Reposition accessible voting both to allow for a 60-inch diameter turning space.
    2. Precinct 2, Pennsylvania Club –
       1. Polling Place Entrance: Correct abrupt change in threshold level by installing a ramp or beveling the threshold.
    3. Precinct 3, Ecorse Manor –
       1. Parking: Paint 96" wide access aisle adjacent to van accessible parking space. (Note: Can create temporary access aisle using cones on Election Day.)
       2. Passenger Drop off Area: Level sidewalk by repairing crumbling asphalt between the street and ramp.
       3. Exterior Route to Accessible Entrance: Level sidewalk and fill sidewalk openings.
       4. Within the Voting Area: Reposition accessible voting booth to allow for a 60-inch diameter turning space.
    4. Precincts 4 and 5, John F. Kennedy School –
       1. Parking: Install sign identifying van accessible parking space.
       2. Exterior Route to Accessible Entrance: Level sidewalk, fill in cracks in sidewalk and gap between street and sidewalk.
       3. Polling Place Entrances: Ensure the second door (interior door) in the series of doors can be opened with less than 5 pounds of force. (Note: Door can be propped open with a door stopper on Election Day.)
       4. Route from Entrance Into Voting Area: Ensure 32" clear door opening by moving desk and propping door open with a door stopper as a temporary remedy on Election Day.
    5. Precinct 6, Ralph J Bunche School –
       1. Parking: Install sign identifying van accessible parking space, and repaint lines delineating accessible parking spaces.
       2. Exterior Route to Accessible Entrance: Fill in cracks in sidewalk and gap between street and sidewalk.
       3. Polling Place Entrances: Ensure the second door (interior door) in the series of doors can be opened with less than 5 pounds of force. (Note: Door can be propped open with a door stopper on Election Day.)
    6. Precinct 7, Ecorse Housing Office –
       1. Parking: Repaint lines delineating accessible parking spaces, and install sign identifying van accessible parking space.
       2. Exterior Route to Accessible Entrance: Repair holes in the concrete/asphalt.
       3. Within the Voting Area: Provide adequate space for voters with disabilities to use the accessible voting machine by relocating tables and removing obstacles such as stacked chairs.
11. Nothing in this Agreement limits the City from making ADA-compliant, permanent modifications to its polling places instead of providing temporary remedial measures or relocating a polling place location.

    B. Survey and Review of Polling Place Locations

12. After the Effective Date of this Agreement, the City shall make accessibility a major criterion when it selects new locations for polling places. The City will develop a survey instrument to assess whether a polling place location is or can be made accessible on Election Day. The survey instrument will be based on the 2010 Standards and the United States' "ADA Checklist for Polling Places" publication. The survey instrument will include a requirement to include photographs and will also require the identification of appropriate remedial provisions. The survey instrument will be submitted to the Department for review and approval within twenty-one (21) days of the Effective Date of this Agreement. The City shall incorporate in its survey instrument any changes, additions, or modifications proposed by the Department.
13. The City shall review each newly proposed polling place location to determine whether it is accessible to persons with disabilities or could be made accessible on Election Day through the use of temporary remedial measures or through permanent modifications, before selecting the location as a polling place. The City shall use the survey instrument referenced in Paragraph 12 of this Agreement to make all future polling place location selections. If the City ultimately determines that a newly proposed location is inaccessible (as defined by the survey instrument) and cannot be made accessible on Election Day, then the City will reject the location and continue searching until an accessible location or one that can be made accessible on Election Day can be found.
14. For the duration of this Agreement, when the City selects a new polling place location, the City will provide the Department notice within twenty-one (21) days of the decision. The City will provide the Department with copies of all surveys (and photographs) conducted within twenty-one (21) days of the decision to use the location as a polling place. The Department's approval must be obtained prior to the location being used in an election.
15. If the City finds that it cannot implement a previously agreed to or approved remedial provision regarding a specific polling place location, the City will immediately notify the Department and, upon request, meet and confer with the Department. If the issue cannot be resolved to the Department's satisfaction, the City will relocate the polling place location to an alternative accessible location pursuant to the process established by Paragraph 13 of this Agreement.

    C. Training

16. Prior to each election during the term of this Agreement, as part of its training program for Election Officers and poll workers, the City will provide training concerning accessibility of polling places, including: (a) any remedial measures needed; (b) why such measures are necessary; and (c) how the measures must be implemented (e.g., how to install ramps, the placement of mats over (and not in front of) thresholds, etc.). Enforcement Provisions
17. The City will cooperate fully with the Department's efforts to monitor compliance with this Agreement, including but not limited to, providing the Department with timely access to polling places (including on Election Day), maps, surveys, and other reasonably requested information.
18. If at any time one of the Parties to this Agreement desires to modify any portion of this Agreement, it will promptly notify the other Party in writing, setting forth the facts and circumstances thought to justify modification and the substance of the proposed modification. An in-person meeting between the Parties will be held at the request of either Party. The Party receiving a request to modify the Agreement will not unreasonably delay notifying the requesting Party as to whether it will agree to the proposed modification. No modification will take effect unless and until the Parties memorialize the agreed upon modification in writing.
19. If the Department believes that the City has failed to comply in a timely manner with any requirement of this Agreement, or that any requirement has been violated, the Department will so notify the City in writing and will attempt to resolve the issue in good faith. If the Department is unable to reach a satisfactory resolution of the issue within thirty (30) days of the date it notifies the City, the Department may file a civil action in federal district court to enforce the terms of this Agreement, or take any other action to enforce title II of the ADA.
20. Failure by the Department to enforce this Agreement with regard to any deadline or other provision of the Agreement will not be construed as a waiver of the Department's right to enforce other deadlines and provisions of this Agreement.
21. In consideration of, and consistent with the terms of this Agreement, the Department agrees to refrain from filing any civil suit related to the accessibility of the City of Ecorse's polling places for voters with disabilities until the day after five (5) years from the effective date of this Agreement, except as provided in Paragraph19 of this Agreement.
22. This Agreement shall be applicable to and binding upon both Parties, their officers, agents, employees, and assigns.
23. This Agreement constitutes the entire agreement between the Parties on the matters raised herein, and no other statement, promise, or agreement, either written or oral, made by either Party or agents of either Party, that is not contained in this written Agreement, will be enforceable.
24. This Agreement is limited to resolving claims under title II of the ADA related to the facts specifically set forth in Paragraphs 5-6 above concerning physical accessibility of polling places. Nothing in this Agreement relates to other provisions of the ADA or affects the City's obligation to comply with any other federal, state, or local law, including those relating to nondiscrimination against individuals with disabilities.
25. The Effective Date of this Agreement is the date of the last signature below. This Agreement will remain in effect for five (5) years from the Effective Date.
26. The person signing for the City represents that he or she is authorized to bind the City to this Agreement.
27. A copy of this document will be made available to any person by the City or the Department on request.