The Lake County Election and Voter Registration Board has dismissed an East Chicago School Board member’s Americans with Disabilities Act complaint, though the complaint could change some polling sites in the future.
The board at its September 29 meeting voted 5-0 – with Lake County Attorney Matt Fech serving as proxy for board member Kevin Smith and Election Board Attorney Carly Brandenburg serving as proxy for member John Reed – to dismiss Pattie Jo Gibson-King’s complaint regarding an early voting site in East Chicago.
Gibson-King contended that the stairs in the back of the site at 4001 Indianapolis Blvd. — renamed the Henry Gillis Vocational Center from Carrie Gosch Early Learning Center – made it difficult for wheelchair users to go inside.
Election Board Executive Director Michelle Fajman told the board that she sent out two mechanics to the school, who installed a temporary ramp for those who needed it for the primary.
School City of East Chicago Superintendent Stephen Bournes, however, said in a letter that voters will use the front entrance, with a circular lot, because students won’t be at the school for the Nov. 3 general election.
Attorney Tracy Coleman, who represented Gibson-King, said that while her client respects the effort, she still wants the venue moved to either the Lake County Courthouse at 3711 Main St., or the East Chicago Public Library at 2401 East Columbus Dr. because she believes those venues are more ADA-compliant than the Gillis Center and wouldn’t need any intervention from the Election Board.
The ramp, for example, needed to be substantial for voters to be comfortable using it.
“A ramp is something that we the voters just don’t want to feel like, oh, it’s thrown up,” Gibson-King said. “It is discouraging to voters who have disabilities that they’ve had a negative experience with (Gillis), so that doesn’t necessarily lead to a vote of confidence, especially even now that the election is November and we’re still hearing that things have to be tweaked.
“We just want to ask that this Lake County Election Board give voters the confidence that it’s the public library; it’s accessible, it’s a place they’re used to going, and they don’t have to worry about ‘OK, did (Fajman) have the time? Did (Fajman) get the right measurements? Is everything OK? Because right now, it’s not 100%.”
Democratic Election Board member Mike Brown agreed with Gibson-King that the East Chicago Library would be a good location over the courthouse but trusts the election administrators’ decision to use Gillis. Brandenburg, a Republican, pointed out that for early voting, voters can go to any one of the early voting sites and avoid ones that may not fit their needs.
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Fajman then conceded that while the library may be a slightly better choice, the board really doesn’t want to change polling locations unless there’s no choice because people have already voted at the Gillis Center, so changing it mid-cycle, and especially right before early voting starts, would be confusing.
“I don’t think there’s any question that both are going to be ADA compliant legally. We’ve met our obligation, whichever location is chosen. That’s not a question at all,” Brandenburg said. “It’s just a matter of, are people going to leave and be confused if they show up at the place where they went for the primary? Now they come for the general, and now we don’t know where to vote, or are they going to be able to just go to the library and have an easier time of that?”
“Within one week’s time, exactly one week’s time, we are open for early voting. So we’re changing the information, now to sit there and say new location when everything’s been updated on the website, everything’s been updated on the IndianaVoters.com (website). There’s been a lot of information up there already about early voting and shared on social media, so again, the biggest concern, in my opinion, being that they’re both equally accessible, is the confusion of voters from one location to another in a primary?” Fajman said.
Democratic Election Board Attorney Michael Tolbert added that he didn’t believe Gibson-King made a strong enough case that the Election Board didn’t make ADA accommodations, so legally, the office met the burden. Coleman, however, pointed out that they had reached out to Fajman “early on” with the proof he was seeking.
“We did try to reach a diplomatic solution, but once again, as a voter, when you’re coming to a facility, and you can’t get through the door, you have to see if people will carry you. Those are experiences that aren’t positive, and those are experiences that can deter voting because now you’re concerned about, is this place actually ready? And that’s your job,” Coleman said.
“(Fajman) has indicated that she can bring the mechanic before you today, so it’s your responsibility to make sure she does her job. So, if there’s an issue that you can’t get that ramp ADA compliant by this day, you all need to know, because it’s gonna be the voters who look at you and say, ‘We talked to her director. We talked to the board, and now it’s early voting, and I’m looking for somebody to carry me,’ and so that’s where I would hope. Instead of looking at burden of proof, you look at what is the truth.”
Fech, who chaired the meeting, said that while Gibson-King may not feel like she won her case, the board will definitely consider her changes during the next cycle and that he appreciated Coleman’s presentation.
In other business, the board voted to add Sunday, Oct. 25 as an early voting day, so the polling place at county will be open from 9 a.m. to 4 p.m. and the others will be open from 9 a.m. to 3 p.m. that day; and it approved the following polling location changes: CCT 5 to the Cedar Creek Community Center because the First United Methodist Church’s elevator is out of order; and East Chicago 25, 28, and 31 to Block Junior High School from the former School Administration Building. Voters will be notified by postcard of the changes.
Michelle L. Quinn is a freelance reporter for the Post-Tribune.