HomeMy WebLinkAbout2021-05-10 21-184 Order
05/10/202121-184
05/10/2021
21-184
Legal
Order
N/A
Title, Order
Authorizing the City Manager To Execute a Settlement Agreement in the United States District Court Case of
Merill, et. al v. Bellows, et. al, Case No. 1:20-cv-00248-JAW ("the Case")
The Plaintiffs in the Case filed a lawsuit in the United States District Court for the District of Maine
against the State of Maine, four different municipalities, including the City of Bangor, and individual
employees of each municipality . The Plaintiffs allege that all five defendants violated the Americans
with Disabilities Act (the "ADA") by failing to provide a people with vision impairments a way to
independently cast an absentee ballot.
Under the proposed settlement, the defendants would not admit any liability but would agree to take
steps in the future to provide people with vision impairments a digital ballot that, using various
audio-type software, they can cast independently. The City would also agree to pay $2,500 in
attorneys fees.
Recommend for passage
New Business
05/10/202121-184
CITY OF BANGOR ORDER
05/10/2021
21-184
Dubay
Authorizing the City Manager To Execute a Settlement Agreement in the United States District Court Case of
Merill, et. al v. Bellows, et. al, Case No. 1:20-cv-00248-JAW ("the Case")
Whereas, Plaintiffs Lynn Merrill, Nicholas Giudice, Pauline LaMontagne, Cherly Peabody, and Disability Rights
Maine (collectively the "Plaintiffs) filed suit against the State of Maine, the City of Portland, the City of Bangor,
the City of Augusta, the Town of Winslow, and employees of the State and each municipality;
Whereas, the lawsuit was filed in the United States District Court for the District of Maine and is currently
pending as Case No. 1:20-cv-00248-JAW;
Whereas, the complaint and an amended complaint allege violations of Title II of the Americans with
Disabilities Act, Section 504 of the Rehabilitation Act, and the Maine Human Rights Act based on an alleged
failure of the municipalities to provide a mechanism for individuals with print disabilities to vote by absentee
ballot in an accessible and independent manner; and
Whereas, the Municipalities deny denies the material allegations of said lawsuit; and
Whereas, the Parties wish to resolve the Lawsuit and avoid the uncertainty and expense of litigation;
Now therefore, be it Ordered by the City Council of the City of Bangor that the City Manager is authorized to
settle the aforementioned case and any related documentation, including a settlement agreement and up to
$2,500 in attorney's fees. The settlement agreement may contain terms for requiring the City to offer
absentee ballots that are accessible to individuals with vision disabilities and to offer those ballots in such a
way that individuals with those disabilities may cast the absentee ballots independently. To the extent
possible and practical, such accessible absentee should be offered and performed in a manner consistent with
any processes used by the State of Maine.
MAY 10,2021
CO 21-184
Motion made and seconded for Passage
Vote: 8—0
Councilors Voting Yes: Davitt,Dubay,Fournier,Nichols, Okafor, Schaefer, Sprague, Tremble
Councilors Voting No: None
Passed
'all 2&
CITY'CL)ERW