Federal prosecutors allege LA County failed to comply with disability rights at voting centers

Federal prosecutors on Thursday alleged in a lawsuit that Los Angeles County discriminated against people with disabilities at voting centers in multiple cities during recent elections. 

The lawsuit claims that the county violated the Americans with Disabilities Act, and comes on the heels of an investigation that found that the county, acting through its registrar-recorder, excluded qualified individuals with mobility disabilities and vision disabilities from voting, the U.S. Attorney's Office alleged.

The complaint has been filed in Los Angeles federal court, and seeks a court order that will direct the county to comply with the ADA, meaning they would promptly develop a plan to remedy the alleged violations and not further discriminate. 

Dean C. Logan, the Registrar-Recorder and County Clerk issued a response to the allegations, where he disputed the findings listed in the complaint. He said that despite the county's efforts to address aspects of the vote centers that are alleged to violate the ADA, federal prosecutors "abruptly" abandoned talks and moved forward with the lawsuit.

"I am disheartened by this action despite our good faith efforts to reach agreement on a reasonable settlement," Logan's statement said. "The assertions (made by the prosecutors) do not reflect the voting model or service delivery provided by Los Angeles County. That said, we remain committed to addressing accessibility issues in an equitable and effective manner and will be vigilant in preserving the extensive work the County has done to improve access to voting, broadly, and specifically for voters with disabilities and other specific needs."

The lawsuit also contends that LA County is responsible for selecting and providing accessible facilities to be used as polling places or voting centers for all federal, state and local elections. 

During elections in June 2016, March 2020 and November 2020, the U.S. Attorney's Office surveyed more than 250 centers in the county, claiming that only a small percentage of them were in compliance with the ADA, the complain says. 

Furthermore, there are several allegedly non-compliant voting centers still in use in cities like Pasadena, North Hollywood, Downey and Watts, even though federal government alerted the county about the accessibility deficiencies in the past, prosecutors said. 

The investigation also allegedly found more accessibility problems with ballot drop boxes that were used in November 2020 and the general elections in November 2022. 

"Voting is a fundamental right, and we will do everything we can to ensure that it is not limited or denied to anyone in our community," said. U.S. Attorney Martin Estrada in a statement. "Through this lawsuit, we demand that Los Angeles County afford individuals with disabilities an opportunity to participate in the county's voting program that is equal to that provided to nondisabled individuals."

Prosecutors brought the lawsuit under Title II of the ADA, which prohibits public entities from discriminating against qualified individuals with disabilities. The federal investigation has focused on physical accessibility for people with mobility disabilities and people with vision disabilities at county voting centers in the 2020 primary election and the general elections in 2020 and 2022. 

Federal prosecutors also say that they reviewed other aspects of how county voting was held, including curbside voting and ballot drop boxes. 

"Voting is the bedrock of our democracy, and all voters, including those with disabilities, should have an equal opportunity to participate in the voting process," said Kirsten Clarke, the Assistant Attorney General of the Justice Department's Civil Rights Division. "This lawsuit should send a strong message to officials across the country regarding the Justice Department's firm commitment to ensuring polling place accessibility."

 In his statement, Logan promised that the county will "continue to seek resolution of this matter in a manner that advances improved accessibility and that ensures equity and fairness in the distribution and availability of voting locations for all voters."