SETTLEMENT AGREEMENT
BETWEEN
THE UNITED STATES OF AMERICA
AND THE CITY OF
PHILADELPHIA, PENNSYLVANIA
This settlement agreement (the "Agreement") is entered into as of April 16, 2009 ("Effective Date"), between the United States of America and the City of
Philadelphia (collectively, the "Parties").
RECITALS
WHEREAS, in the fall of 2005, the United States Department of Justice (the "Department") initiated a compliance review of the City of Philadelphia,
Pennsylvania (the "City") 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 regulations;
WHEREAS, the City uses 1,681 polling divisions for elections. One polling place site may house one or more polling divisions. In the fall of 2005, the
City had 1,202 polling place sites that housed the 1,681 polling divisions;
WHEREAS, pursuant to the Commonwealth of Pennsylvania's guidelines, the City reviews the accessibility of each polling place. The City then designates
them as "fully accessible," which complies with Commonwealth guidelines; "building accessible through alternative entrance;" "substantially accessible;" or
"not accessible." The City further designates whether accessible parking is available at each polling place;
WHEREAS, during polling place reviews in October and November 2005, and November 2006, the Department concluded that many of the City's polling
places contain barriers to access for persons with disabilities;
WHEREAS, the City, a municipality within the Commonwealth of Pennsylvania (also a county for purposes of Pennsylvania law), 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;
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