Miami Dade County early voting locations

CREDIT: AP Photo/Alan Diaz

During the 2012 presidential election, voters reportedly waited on line for upwards of six hours. That wait alone is enough to deter would-be voters from going to the polls. But now residents in Florida’s most populous county will have another disincentive: they won’t be able to go to the bathroom.

Earlier this year, the Miami-Dade County Elections Department quietly implemented a policy to close the bathrooms at all polling facilities, according to disability rights lawyer Marc Dubin. Dubin said the policy change was in “direct response” to an inquiry to the Elections Department about whether they had assessed accessibility of polling place bathrooms to those with disabilities.

“I was expecting them to say either yes we have or yes we will, ” Dubin said.

Instead, he received a written response announcing that the county would close all restrooms at polling places “to ensure that individuals with disabilities are not treated unfairly, ” a January email stated. “[T]he Department’s policy is not to permit access to restrooms at polling sites on election days, ” Assistant County Attorney Shanika Graves said in a Feb. 14 email. Elections Department officials did not immediately respond to ThinkProgress inquiries.

Dubin said he was “shocked” at this response, and not just because it suppresses the vote for everybody. The Americans with Disabilities Act also requires entities to make “reasonable accommodations” to those with disabilities. For those with a number of conditions, including diabetics and those taking diuretics, closing the restroom will make standing in that line impossible, and thus discriminate against disabled voters.