Legal Rights of Persons With Disabilities - Ossh.com

local government, usually through the building official or public works director, in the jurisdiction where
the building or facility is located. Any unauthorized deviations from state building standards that are
detected at a state or local government building or facility must be corrected within 90 days of confirmation
of the violation. (Gov. Code, ' 4452.)
A district attorney, city attorney, or the California Attorney General may bring an action to enforce
compliance with this law. (Gov. Code, ' 4458.) However, as a general rule, the Attorney General will not
consider a complaint lodged against a local government unless it is established that the complaint was first
lodged with the appropriate local authority, the local authority has failed to respond appropriately within a
reasonable period of time, and the complaint alleges a significant pattern or practice of non-compliance
with state access laws and regulations.
California law also prohibits state and local governments from holding public meetings in
buildings or facilities that are inaccessible to persons with disabilities. (Gov. Code, '' 11131 and 54961,
subd. (a).) Violations of these laws should, in the first instance, be brought to the attention of the state or
local agency that has conducted or intends to conduct a meeting in an inaccessible facility. In the case of a
local agency, if the local agency continues to hold meetings in an inaccessible facility, a complaint may be
lodged with the California Attorney General.
2. Privately Funded Public Accommodations
California law also requires that public accommodations constructed with private funds after
July 1, 1970, be accessible to individuals with disabilities. Facilities constructed before July 1, 1970, must
be made accessible when any alterations, structural repairs, or additions are made. Similar to the ADA,
state law requires that the altered area and the path of travel and key facilities serving the area being altered
be made accessible.
The building department of every city and county is required to enforce state access laws and
regulations with respect to privately funded public accommodations located in their jurisdictions. (Health
& Saf. Code, ' 19958.) Complaints alleging that a privately funded accommodation is out of compliance
with state access laws and regulations should be lodged with the local building official in the jurisdiction
where the public accommodation is located. Violations that are confirmed to exist must be corrected within
90 days of such confirmation.
A district attorney, city attorney, the Department of Rehabilitation, or the Attorney General can
bring an action to enforce California=s laws requiring that privately funded public accommodations be
accessible to individuals with disabilities. (Health & Saf. Code, ' 19958.5.) However, here again, as a
general rule, the Attorney General will not consider a complaint unless it is established that the complaint
was first lodged with the appropriate local building department and that the local building department has
failed to respond appropriately within a reasonable period of time. The Attorney General may review the
decision of the local building department to determine whether it has abused its discretion in resolving a
complaint. Additionally, the Attorney General may investigate complaints that allege a local building
department is engaged in a pattern or practice of failing to adequately enforce state access laws and
regulations against privately funded public accommodations. The Attorney
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