IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

__________________________________________

:

NATIONAL ORGANIZATION ON :

DISABILITY, et al., :

:

Plaintiffs, :

: Civil Action No. 01-1923

v. :

: Class Action

MARGARET M. TARTAGLIONE, et al., :

:

Defendants. :

__________________________________________:

SUMMARY NOTICE OF PENDENCY OF CLASS ACTION

NOTICE OF HEARING AND PROPOSED SETTLEMENT

IF YOU ARE A PERSON WITH A MOBILITY OR VISUAL DISABILITY ELIGIBLE TO VOTE IN PHILADELPHIA, YOUR RIGHTS MAY BE AFFECTED BY A CLASS ACTION SETTLEMENT.

A settlement has been proposed in a class action lawsuit about the accessibility of Philadelphia polling places to eligible voters who have mobility disabilities and about the accessibility of Philadelphia's electronic voting machines to eligible voters who are blind or have other visual disabilities. The United States District Court for the Eastern District of Pennsylvania authorized this notice. The Court will have a hearing to decide whether to approve the settlement.

WHO IS A CLASS MEMBER?

You are a Class Member if you are or will be an eligible Philadelphia voter who uses a wheelchair or has another type of mobility disability or if you are blind or have another type of visual disability.

WHAT'S THIS ABOUT?

The lawsuit claimed that the City of Philadelphia and the City Commissioners violated federal laws by failing to have a sufficient number of polling places that are accessible to voters with mobility disabilities and by purchasing new electronic voting machines that cannot be independently used by voters with visual disabilities. The City of Philadelphia and the City Commissioners denied these allegations. Both sides have agreed to a settlement to ensure a resolution and to provide accessibility for Class Members.

TERMS OF SETTLEMENT AGREEMENT

The settlement requires that, by January 1, 2006, at least one electronic voting machine in each polling place in Philadelphia will provide nonvisual accessibility for persons who are blind or visually impaired to enable them to vote independently and with privacy. The settlement also requires the City and the City Commissioners to take specific steps, by no later than May 1, 2006, to increase the number of polling places that are accessible to voters with mobility disabilities. These steps may include using portable ramps, relocating polling places to accessible locations, and making temporary modifications to public buildings. The Settlement Agreement provides that any new polling place selected by the City Commissioners will be accessible to voters with mobility disabilities unless nothing feasible and consistent with the election laws can be found and all the procedures for existing places cannot be utilized.

The Court will hold a hearing in this case on November 19, 2003 at 9:30 a.m. in Courtroom 6-A to consider whether to approve the settlement. If you do not like the settlement agreement, you may object to it. You also may ask to speak at the hearing, but you do not have to do so. You must submit any objection or notice of intent to appear at the hearing by mailing them to each of the following persons no later than November 5, 2003:

Clerk of Court

United States District Court

for the Eastern District of Pennsylvania

United States Courthouse

601 Market Street, Room 2609

Philadelphia, PA 19106-1797

Robert W. Meek, Esquire Jeffrey M. Scott, Esquire

Class Co-Counsel Defense Counsel

Disabilities Law Project City of Philadelphia Law Department

1315 Walnut Street, Suite 400 One Parkway Building

Philadelphia, PA 19107-4798 1515 Arch Street, 14th Floor

Philadelphia, PA 19102

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