Legal Rights of Persons With Disabilities - Ossh.com

services, facilities, privileges, advantages or accommodations being offered. Additionally, the provision of
auxiliary aids and services is not required if it is established that it would result in an undue burden
(significant difficulty or expense). Where a public accommodation can demonstrate that barrier removal is
not readily achievable, it shall make its services available through alternate methods, if those are readily
achievable. Examples of alternatives are curb service or home delivery; retrieving merchandise from
inaccessible shelves or racks; or relocating activities to accessible locations.
(28 C.F.R. ' 36.301 et seq.)
Examples of actions that may be required to be taken to remove architectural barriers include:
installing ramps and curb cuts; repositioning shelves, telephones, bathroom dispensers, vending machines,
display racks or furniture; adding raised markings on elevator control buttons; installing flashing alarm
lights; widening doors; installing offset hinges to widen doorways; eliminating turnstiles or providing
alternative accessible paths; installing accessible door hardware and grab bars in toilet stalls; rearranging
toilet partitions to increase maneuvering space; insulating lavatory pipes under sinks to prevent burns;
installing raised toilet seats and full length bathroom mirrors; repositioning paper towel dispensers in
bathrooms; creating designated accessible parking spaces; installing an accessible paper cup dispenser at an
existing inaccessible water fountain; removing high pile, low density carpeting; and installing vehicle hand
controls. (28 C.F.R. ' 36.304.)
All new facilities must be designed so that they are readily accessible and usable by persons with
disabilities unless structurally impracticable. If an alteration is made to a facility, then the area altered must
be made accessible. Whenever a facility is altered so that an area containing a primary function is affected,
the alteration must also be made in such a manner that the path to the bathrooms, telephone, and drinking
fountains serving the altered area are readily accessible. However, an exception to this rule is where the
alterations to the path of travel, telephones, bathrooms or drinking fountains would be disproportionate in
cost and scope to the planned alteration. Also, an elevator is not required for facilities of less than three
stories or which have less than 3,000 square feet per story unless the building is a shopping center or mall,
professional office of a health care provider, or unless the United States Attorney General otherwise
determines. (42 U.S.C. ' 12183.) A public accommodation is required to maintain in operable condition
the facilities and equipment required to be readily accessible to and usable by persons with disabilities,
although isolated or temporary interruptions in service due to maintenance or repairs are allowed. (28
C.F.R. ' 36.211.)
If you feel that you have been discriminated against by a place of public accommodation, then you
may file a complaint with the United States Department of Justice or you may file your own lawsuit. (42
U.S.C. '' 12188, 2000a-3(a); 28 C.F.R. ' 36.501 et seq.)
B. California Laws and Regulations
1. State and Local Government Buildings and Facilities
California law requires that all buildings, structures, sidewalks, curbs, and related facilities,
constructed with public funds and, under certain circumstances, buildings and facilities leased by state or
local government, must be accessible to and usable by persons with disabilities. (Gov. Code, ' 4450 et
seq.) Buildings constructed before 1968 are not required to be accessible unless structural alterations or
repairs are made. If a building is altered, the area of alteration as well as the path of travel to and from key
facilities (such as restrooms) serving the area must be made accessible.
Complaints alleging that a public building or facility which was constructed or altered with state
funds is inaccessible should be lodged with California Division of the State Architect. Complaints alleging
that a public building constructed with local funds is inaccessible should be lodged with the appropriate
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