Perhaps you saw him last summer or fall, standing with a sign or two on an Arlington street corner at rush hours, early and late — a resolute John Leonard, Precinct 17 Town Meeting member.
His near-yearlong public protests, spurred by selectmen’s actions in 2005, seek to return his precinct’s polling place to Highland Fire Station, from the Stratton School, up Turkey Hill.
Dressed in a sharp suit, Leonard appeared before the board Monday, March 7, to make his case in an official town forum — a hearing on his citizen warrant article.
He quoted supporters, one of whom said the change had meant that voter had not cast a ballot “in 10 years.” Others said they did not want to face the uphill trek.
On the other hand, Fire Chief Bob Jefferson, who said he did not have a preference about the polling place, offered a detailed memo that included numerous downsides of voters using the historic Mass. Ave. fire station.
Why it’s a resolution
A question from Joseph Curro Jr. indicated how the issue would play out for selectmen. “Town Meeting cannot order a change in a polling place, can it?” Curro asked Town Counsel Doug Heim.
“That’s why it’s a resolution,” Heim responded, referring to Article 60.
The board voted, 5-0, to recommend no action on the request.
The case pits the strength of an individual’s feeling about a town action, and his evidence for his goal, against numbers the town cites.
Leonard began by saying he means “no discredit” toward the town’s Fire Department but wants to “correct a hardship” placed on Precincts 14 and 17 in 2005, when the decision was made to move 17 voters to Stratton and 14 to Brackett.
The proponent cited history: Voting at Highland dates to 1931, establishing a 73-year precedent of voting familiarity.
Leonard made numerous comments about handicapped access and whether the 2004 change violated the Americans with Disabilities Act. He also suggested that all schools should close during presidential elections.
Supporter weighs in
Ann Fitzgerald, of Precinct 17, spoke in support of the article, noting that the 67 bus is one-half mile away from Stratton. She claimed low voter turnout at Stratton, because voters do not want to “go up the hill.”
Curro, who lives in Precinct 15, said, “We have the same problem, but the hill never seems to be an impediment.” He noted large turnout in 15.
He said he remain uncertain that the change in polling place has had the impact on turnout that is claimed.
A memo from Marie A. Krepelka, the board’s administrator, provided some numbers. For presidential primary elections when Precinct 17 voted at Highland, 434 voted in 2000 and 445 in 2004.
After the polling switch in April 2005, the following numbers voted at Stratton during presidential primaries: 470 in 2008, 156 in 2012 and 707 in 2016.
Asked to comment during the March 7 discussion, Chief Jefferson said that when voting was at Highland, “all I heard was complaints …. Logistically, it’s not a good location.” [Read the full text of his memo below as well as one from Jack Jones, of the Commission on Disability.]
Selectman Steve Byrne recommended no action, and the board voted unanimously to support that.
March 1 memo from Fire Chief Robert J. Jefferson re precinct voting at Highland Station
This memo will summarize our conversation in regards to using the Highland Station as a polling location. As I have stated to you, I feel that the Highland Station is not a reasonable location to be used as a voting location for area precincts. The only area that could be used for voting is the apparatus garage floor. This is a garage floor and quite often there are fluids and grease on the apparatus floor. Although they are cleaned regularly, the stain and some slippery surface remain.
The apparatus are diesel powered vehicles and even with the air vent system; these odors can remain in the garage area. I bring up these two points because they were the main complaints by the poll workers when they were in there before.
Other issues that would be a problem is that the front door is not handicapped accessible and that is the main entrance to access the apparatus bay area without going through firefighter security entrance. The garage heating system is designed for keeping the apparatus warm in the winter but not at a comfort level that would be found in an office or residential system. There is no air conditioning system for the apparatus garage.
Lastly, and most importantly, our apparatus needs to be housed in the colder weather to prevent freezing. When it is outside during the cold weather, it is usually at a call and is idling which prevents freezing. Although most elections are by early November, we could have a day in which the weather is below freezing and we would not be able to leave apparatus outside.
Sept. 15, 2015, memo from Jack Jones, Commission on Disability
I am writing in response to a resident’s request that the Highland Fire Station be considered as a polling location.
As you are aware the entry way that would be available for voting at the Highland Fire Station is interrupted by steps and therefore not accessible. The Architectural Access Board 521 CMR 25.2 states that the approach to an accessible entrance must be uninterrupted by steps.
Opening the station front doors for voting would not be an acceptable option do to the safety of voters during a fire emergency. In addition bad weather during winter months would be problematic.
The Office of the Attorney General the Secretary of the Commonwealth, and the Massachusetts Office on Disability have been working with local and municipal governments to ensure that people with disabilities have equal access to polling places during elections. This right is guaranteed by both state and federal laws, including the federal Rehabilitation Act of 1973, §504, 29 U.S.C. §794; Title II of the Americans with Disabilities Act, 42 U.S.C. §12131 et@.; the Help Americans Vote Act, 42 U.S.C. §15301 et seq.; the Voting Accessibility of the Elderly and Handicapped Act, 42 U.S.C.; §1973 the Secretary of State’s Polling Place Accessibility for Elderly and Handicapped Act, 42 U.S.C.; the Secretary of State’s Polling Place Accessibility for Elderly and Handicapped Voters regulations, 950 C.M.R. §51 et seq.; the Massachusetts civil rights statue, G.L. c. 93, §103; and Article 114 of the Massachusetts Constitution.
Based on these legal requirements my recommendation is that the Highland Fire Station not be used as a polling location. If you have any questions regarding this recommendation or about these legal requirements, please let me know.
2016 Town Meeting warrant
This news summary was published Tuesday, March 8, 2016.
