Legal Rights of Persons With Disabilities - Ossh.com

' 1104B.3.10-12.)
d. Curbs and Sidewalks Must Be Accessible
Any curb or sidewalk intended for public use that is constructed with public or private funds must
be accessible, regardless of where it is located. (Health & Saf. Code, ' 19956.5; Gov. Code,
' 4450; 57 Ops.Cal.Atty.Gen. 186 (1974).) The curb or sidewalk must be easily accessible by means of
ramps or other devices. To ensure that the ramp is easily accessible, no one may park within three feet of
any sidewalk access ramp which is next to a crosswalk and is designated by either a sign or by red paint.
(Veh. Code, ' 22522.)
A major concern for individuals with disabilities who use wheelchairs is the availability of curb
ramps. Alterations to the curb, sidewalk, or street require the removal of barriers or the construction of
ramps or other devices to aid accessibility. If the government, or a private entity, builds a new street or
sidewalk, then it must be made accessible to individuals with disabilities if it is to be used by the public.
Whenever a local government resurfaces a street, the government has made an alteration and is therefore
required to alter the curb to provide ramps or slopes at the intersections if they do not already exist.
e. Historical Buildings
Historical buildings may be subject to case-by-case review when alterations are planned, rather
than a strict application of standard access regulations. Alternative building regulations have been
developed for use when an historical building is restored or relocated. (Health & Saf. Code, ' 18950 et
seq.; CBC ' 1135 B.)
f. Gas Stations
Gas stations must provide persons with disabilities with refueling service at the self-service price,
unless only one employee is on duty or only two employees are on duty, one of whom is assigned
exclusively to the preparation of food. Individuals must display a disabled plate or placard from the
Department of Motor Vehicles in order to receive this benefit. In addition to other remedies available, a gas
station owner or employee who disregards this law commits an infraction and may be fined. Gas stations
must post signs indicating whether or not they provide fueling services for persons with disabilities. These
signs shall include toll-free numbers maintained by the Department of Rehabilitation for the purpose of
seeking information about enforcement of the laws. Card readers at gasoline fuel dispensing facilities are
also required to be accessible. (See CBC ' 1101C et seq.) Local law enforcement agencies are authorized
to investigate violations, upon the verified complaint of an individual or public agency, and to levy the
above-mentioned fines. An individual with a disability or public agency may file a complaint with the
California Attorney General, a district attorney, or a city attorney, who may bring an action to correct a
violation. (Bus. & Prof. Code, ' 13660.)
g. Outdoor Recreation, Parks and Recreational Facilities
California's policy is to increase accessibility to the state's scenic, natural, historic, and cultural
resources. The policy includes, but is not limited to, walking trails, bikeways, horseback riding trails,
public roads, boat docks, picnic areas, cross-country ski trails, and heritage corridors. (Pub. Resources
Code, ' 5070.5.)
Access regulations require that campsites, beaches, picnic areas, boat docks and fishing piers,
parking lots, highway rest areas and portions of trails and paths be usable by persons with disabilities.
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