54. (a) Individuals with disabilities or medical conditions have
the same right as the general public to the full and free use of the
streets, highways, sidewalks, walkways, public buildings, medical
facilities, including hospitals, clinics, and physicians' offices,
public facilities, and other public places.
(b) For purposes of this section:
(1) "Disability" means any mental or physical disability as
defined in Section 12926 of the Government Code.
(2) "Medical condition" has the same meaning as defined in
subdivision (h) of Section 12926 of the Government Code.
(c) A violation of the right of an individual under the Americans
with Disabilities Act of 1990 (Public Law 101-336) also constitutes a
violation of this section.
54.1. (a) (1) Individuals with disabilities shall be entitled to
full and equal access, as other members of the general public, to
accommodations, advantages, facilities, medical facilities, including
hospitals, clinics, and physicians' offices, and privileges of all
common carriers, airplanes, motor vehicles, railroad trains,
motorbuses, streetcars, boats, or any other public conveyances or
modes of transportation (whether private, public, franchised,
licensed, contracted, or otherwise provided), telephone facilities,
adoption agencies, private schools, hotels, lodging places, places of
public accommodation, amusement, or resort, and other places to
which the general public is invited, subject only to the conditions
and limitations established by law, or state or federal regulation,
and applicable alike to all persons.
(2) As used in this section, "telephone facilities" means tariff
items and other equipment and services that have been approved by the
Public Utilities Commission to be used by individuals with
disabilities in a manner feasible and compatible with the existing
telephone network provided by the telephone companies.
(3) "Full and equal access," for purposes of this section in its
application to transportation, means access that meets the standards
of Titles II and III of the Americans with Disabilities Act of 1990
(Public Law 101-336) and federal regulations adopted pursuant
thereto, except that, if the laws of this state prescribe higher
standards, it shall mean access that meets those higher standards.
(b) (1) Individuals with disabilities shall be entitled to full
and equal access, as other members of the general public, to all
housing accommodations offered for rent, lease, or compensation in
this state, subject to the conditions and limitations established by
law, or state or federal regulation, and applicable alike to all
persons.
(2) "Housing accommodations" means any real property, or portion
thereof, that is used or occupied, or is intended, arranged, or
designed to be used or occupied, as the home, residence, or sleeping
place of one or more human beings, but shall not include any
accommodations included within subdivision (a) or any single-family
residence the occupants of which rent, lease, or furnish for
compensation not more than one room therein.
(3) (A) Any person renting, leasing, or otherwise providing real
property for compensation shall not refuse to permit an individual
with a disability, at that person's expense, to make reasonable
modifications of the existing rented premises if the modifications
are necessary to afford the person full enjoyment of the premises.
However, any modifications under this paragraph may be conditioned on
the disabled tenant entering into an agreement to restore the
interior of the premises to the condition existing prior to the
modifications. No additional security may be required on account of
an election to make modifications to the rented premises under this
paragraph, but the lessor and tenant may negotiate, as part of the
agreement to restore the premises, a provision requiring the disabled
tenant to pay an amount into an escrow account, not to exceed a
reasonable estimate of the cost of restoring the premises.
(B) Any person renting, leasing, or otherwise providing real
property for compensation shall not refuse to make reasonable
accommodations in rules, policies, practices, or services, when those
accommodations may be necessary to afford individuals with a
disability equal opportunity to use and enjoy the premises.
(4) Nothing in this subdivision shall require any person renting,
leasing, or providing for compensation real property to modify his or
her property in any way or provide a higher degree of care for an
individual with a disability than for an individual who is not
disabled.
(5) Except as provided in paragraph (6), nothing in this part
shall require any person renting, leasing, or providing for
compensation real property, if that person refuses to accept tenants
who have dogs, to accept as a tenant an individual with a disability
who has a dog.
(6) (A) It shall be deemed a denial of equal access to housing
accommodations within the meaning of this subdivision for any person,
firm, or corporation to refuse to lease or rent housing
accommodations to an individual who is blind or visually impaired on
the basis that the individual uses the services of a guide dog, an
individual who is deaf or hearing impaired on the basis that the
individual uses the services of a signal dog, or to an individual
with any other disability on the basis that the individual uses the
services of a service dog, or to refuse to permit such an individual
who is blind or visually impaired to keep a guide dog, an individual
who is deaf or hearing impaired to keep a signal dog, or an
individual with any other disability to keep a service dog on the
premises.
(B) Except in the normal performance of duty as a mobility or
signal aid, nothing contained in this paragraph shall be construed to
prevent the owner of a housing accommodation from establishing terms
in a lease or rental agreement that reasonably regulate the presence
of guide dogs, signal dogs, or service dogs on the premises of a
housing accommodation, nor shall this paragraph be construed to
relieve a tenant from any liability otherwise imposed by law for real
and personal property damages caused by such a dog when proof of the
same exists.
(C) (i) As used in this subdivision, "guide dog" means any guide
dog that was trained by a person licensed under Chapter 9.5
(commencing with Section 7200) of Division 3 of the Business and
Professions Code or as defined in the regulations implementing Title
III of the Americans with Disabilities Act of 1990 (Public Law
101-336).
(ii) As used in this subdivision, "signal dog" means any dog
trained to alert an individual who is deaf or hearing impaired to
intruders or sounds.
(iii) As used in this subdivision, "service dog" means any dog
individually trained to the requirements of the individual with a
disability, including, but not limited to, minimal protection work,
rescue work, pulling a wheelchair, or fetching dropped items.
(7) It shall be deemed a denial of equal access to housing
accommodations within the meaning of this subdivision for any person,
firm, or corporation to refuse to lease or rent housing
accommodations to an individual who is blind or visually impaired, an
individual who is deaf or hearing impaired, or other individual with
a disability on the basis that the individual with a disability is
partially or wholly dependent upon the income of his or her spouse,
if the spouse is a party to the lease or rental agreement. Nothing in
this subdivision, however, shall prohibit a lessor or landlord from
considering the aggregate financial status of an individual with a
disability and his or her spouse.
(c) Visually impaired or blind persons and persons licensed to
train guide dogs for individuals who are visually impaired or blind
pursuant to Chapter 9.5 (commencing with Section 7200) of Division 3
of the Business and Professions Code or guide dogs as defined in the
regulations implementing Title III of the Americans with Disabilities
Act of 1990 (Public Law 101-336), and persons who are deaf or
hearing impaired and persons authorized to train signal dogs for
individuals who are deaf or hearing impaired, and other individuals
with a disability and persons authorized to train service dogs for
individuals with a disability, may take dogs, for the purpose of
training them as guide dogs, signal dogs, or service dogs in any of
the places specified in subdivisions (a) and (b). These persons shall
ensure that the dog is on a leash and tagged as a guide dog, signal
dog, or service dog by identification tag issued by the county clerk,
animal control department, or other agency, as authorized by Chapter
3.5 (commencing with Section 30850) of Division 14 of the Food and
Agricultural Code. In addition, the person shall be liable for any
provable damage done to the premises or facilities by his or her dog.
(d) A violation of the right of an individual under the Americans
with Disabilities Act of 1990 (Public Law 101-336) also constitutes a
violation of this section, and nothing in this section shall be
construed to limit the access of any person in violation of that act.
(e) Nothing in this section shall preclude the requirement of the
showing of a license plate or disabled placard when required by
enforcement units enforcing disabled persons parking violations
pursuant to Sections 22507.8 and 22511.8 of the Vehicle Code.
54.2. (a) Every individual with a disability has the right to be
accompanied by a guide dog, signal dog, or service dog, especially
trained for the purpose, in any of the places specified in Section
54.1 without being required to pay an extra charge or security
deposit for the guide dog, signal dog, or service dog. However, the
individual shall be liable for any damage done to the premises or
facilities by his or her dog.
(b) Individuals who are blind or otherwise visually impaired and
persons licensed to train guide dogs for individuals who are blind or
visually impaired pursuant to Chapter 9.5 (commencing with Section
7200) of Division 3 of the Business and Professions Code or as
defined in regulations implementing Title III of the Americans with
Disabilities Act of 1990 (Public Law 101-336), and individuals who
are deaf or hearing impaired and persons authorized to train signal
dogs for individuals who are deaf or hearing impaired, and
individuals with a disability and persons who are authorized to train
service dogs for the individuals with a disability may take dogs,
for the purpose of training them as guide dogs, signal dogs, or
service dogs in any of the places specified in Section 54.1 without
being required to pay an extra charge or security deposit for the
guide dog, signal dog, or service dog. However, the person shall be
liable for any damage done to the premises or facilities by his or
her dog. These persons shall ensure the dog is on a leash and tagged
as a guide dog, signal dog, or service dog by an identification tag
issued by the county clerk, animal control department, or other
agency, as authorized by Chapter 3.5 (commencing with Section 30850)
of Title 14 of the Food and Agricultural Code.
A violation of the right of an individual under the Americans
with Disabilities Act of 1990 (Public Law 101-336) also constitutes a
violation of this section, and nothing in this section shall be
construed to limit the access of any person in violation of that act.
(c) As used in this section, the terms "guide dog," "signal dog,"
and "service dog" have the same meanings as specified in Section
54.1.
(d) Nothing in this section precludes the requirement of the
showing of a license plate or disabled placard when required by
enforcement units enforcing disabled persons parking violations
pursuant to Sections 22507.8 and 22511.8 of the Vehicle Code.
54.25. (a) (1) A peace officer or firefighter assigned to a canine
unit or the handler of a search and rescue dog assigned to duty away
from his or her home jurisdiction because of a declared federal,
state, or local emergency, or an official mutual aid request or
training, and in the course and scope of his or her duties shall not
be denied service based on the presence of the dog or discriminated
against in hotels, lodging establishments, eating establishments, or
public transportation by being required to pay an extra charge or
security deposit for the dog. However, the peace officer's law
enforcement agency, the firefighter's fire agency, or the handler of
a search and rescue dog shall be liable for any damages to the
premises or facilities caused by the dog.
(2) Any person, firm, association, or corporation, or the agent of
any person, firm, association, or corporation that prevents a peace
officer or a firefighter assigned to a canine unit and his or her dog
or the handler of a search and rescue dog and his or her dog from
exercising, or interferes in the exercise of, the rights specified in
this section is subject to a civil fine not exceeding one thousand
dollars ($1,000).
(b) For purposes of this section, the following definitions
apply:
(1) "Declared emergency" is any emergency declared by the
President of the United States, the Governor of a state, or local
authorities.
(2) "Handler of a search and rescue dog" means a person in
possession of a dog that is in training to become registered and
approved as a search and rescue dog, or that is currently registered
and approved for tasks, including, but not limited to, locating
missing persons, discovering controlled substances, explosives, or
cadavers, or locating victims in collapsed structures, and assisting
with peace officer on-command searches for suspects and victims at
crime scenes.
(3) "Peace officer's or firefighter's dog" means a dog owned by a
public law enforcement agency or fire department and under the
control of a peace officer or firefighter assigned to a canine unit
that has been trained in matters, including, but not limited to,
discovering controlled substances, explosives, cadavers, victims in
collapsed structures, and peace officer on-command searches for
suspects and victims at crime scenes.
(4) "Search and rescue dog" means a dog that is officially
affiliated with, or sponsored by, a governmental agency and that has
been trained and approved as a search and rescue dog, or that is
currently registered and approved for search and rescue work with a
search and rescue team affiliated with the California Emergency
Management Agency. The term also includes a dog that is in training
to become registered and approved for that work.
(c) Nothing in this section is intended to affect any civil
remedies available for a violation of this section.
(d) This section is intended to provide accessibility without
discrimination to a peace officer or firefighter with a peace officer'
s or firefighter's dog or a handler of a search and rescue dog with a
search and rescue dog in hotels, lodging places, eating
establishments, and public transportation.
(e) Nothing in this section is intended to prevent the removal of
the search and rescue dog in the event the search and rescue dog
creates an excessive disturbance to the quiet enjoyment of the
property. In the event of an excessive disturbance, the peace
officer, firefighter, or handler of the search and rescue dog shall
be given a minimum of one warning notice of the excessive disturbance
and an opportunity to correct the disturbance. The mere presence of
the dog within the hotel, lodging establishment, food establishment,
or public transportation shall not be considered an excessive
disturbance.
54.3. (a) Any person or persons, firm or corporation who denies or
interferes with admittance to or enjoyment of the public facilities
as specified in Sections 54 and 54.1 or otherwise interferes with the
rights of an individual with a disability under Sections 54, 54.1
and 54.2 is liable for each offense for the actual damages and any
amount as may be determined by a jury, or the court sitting without a
jury, up to a maximum of three times the amount of actual damages
but in no case less than one thousand dollars ($1,000), and attorney'
s fees as may be determined by the court in addition thereto,
suffered by any person denied any of the rights provided in Sections
54, 54.1, and 54.2. "Interfere," for purposes of this section,
includes, but is not limited to, preventing or causing the prevention
of a guide dog, signal dog, or service dog from carrying out its
functions in assisting a disabled person.
(b) Any person who claims to be aggrieved by an alleged unlawful
practice in violation of Section 54, 54.1, or 54.2 may also file a
verified complaint with the Department of Fair Employment and Housing
pursuant to Section 12948 of the Government Code. The remedies in
this section are nonexclusive and are in addition to any other remedy
provided by law, including, but not limited to, any action for
injunctive or other equitable relief available to the aggrieved party
or brought in the name of the people of this state or of the United
States.
(c) A person may not be held liable for damages pursuant to both
this section and Section 52 for the same act or failure to act.
54.4. A blind or otherwise visually impaired pedestrian shall have
all of the rights and privileges conferred by law upon other persons
in any of the places, accommodations, or conveyances specified in
Sections 54 and 54.1, notwithstanding the fact that the person is not
carrying a predominantly white cane (with or without a red tip), or
using a guide dog. The failure of a blind or otherwise visually
impaired person to carry such a cane or to use such a guide dog shall
not constitute negligence per se.
54.5. Each year, the Governor shall publicly proclaim October 15 as
White Cane Safety Day. He or she shall issue a proclamation in
which:
(a) Comments shall be made upon the significance of this chapter.
(b) Citizens of the state are called upon to observe the
provisions of this chapter and to take precautions necessary to the
safety of disabled persons.
(c) Citizens of the state are reminded of the policies with
respect to disabled persons declared in this chapter and he urges the
citizens to cooperate in giving effect to them.
(d) Emphasis shall be made on the need of the citizenry to be
aware of the presence of disabled persons in the community and to
keep safe and functional for the disabled the streets, highways,
sidewalks, walkways, public buildings, public facilities, other
public places, places of public accommodation, amusement and resort,
and other places to which the public is invited, and to offer
assistance to disabled persons upon appropriate occasions.
(e) It is the policy of this state to encourage and enable
disabled persons to participate fully in the social and economic life
of the state and to engage in remunerative employment.
54.6. As used in this part, "visually impaired" includes blindness
and means having central visual acuity not to exceed 20/200 in the
better eye, with corrected lenses, as measured by the Snellen test,
or visual acuity greater than 20/200, but with a limitation in the
field of vision such that the widest diameter of the visual field
subtends an angle not greater than 20 degrees.
54.7. (a) Notwithstanding any other provision of law, the
provisions of this part shall not be construed to require zoos or
wild animal parks to allow guide dogs, signal dogs, or service dogs
to accompany individuals with a disability in areas of the zoo or
park where zoo or park animals are not separated from members of the
public by a physical barrier. As used in this section, "physical
barrier" does not include an automobile or other conveyance.
(b) Any zoo or wild animal park that does not permit guide dogs,
signal dogs, or service dogs to accompany individuals with a
disability therein shall maintain, free of charge, adequate kennel
facilities for the use of guide dogs, signal dogs, or service dogs
belonging to these persons. These facilities shall be of a character
commensurate with the anticipated daily attendance of individuals
with a disability. The facilities shall be in an area not accessible
to the general public, shall be equipped with water and utensils for
the consumption thereof, and shall otherwise be safe, clean, and
comfortable.
(c) Any zoo or wild animal park that does not permit guide dogs to
accompany blind or visually impaired persons therein shall provide
free transportation to blind or visually impaired persons on any mode
of transportation provided for members of the public.
Each zoo or wild animal park that does not permit service dogs to
accompany individuals with a disability shall provide free
transportation to individuals with a disability on any mode of
transportation provided for a member of the public in cases where the
person uses a wheelchair and it is readily apparent that the person
is unable to maintain complete or independent mobility without the
aid of the service dog.
(d) Any zoo or wild animal park that does not permit guide dogs to
accompany blind or otherwise visually impaired persons therein shall
provide sighted escorts for blind or otherwise visually impaired
persons if they are unaccompanied by a sighted person.
(e) As used in this section, "wild animal park" means any entity
open to the public on a regular basis, licensed by the United States
Department of Agriculture under the Animal Welfare Act as an exhibit,
and operating for the primary purposes of conserving, propagating,
and exhibiting wild and exotic animals, and any marine, mammal, or
aquatic park open to the general public.
54.8. (a) In any civil or criminal proceeding, including, but not
limited to, traffic, small claims court, family court proceedings and
services, and juvenile court proceedings, in any court-ordered or
court-provided alternative dispute resolution, including mediation
and arbitration, or in any administrative hearing of a public agency,
where a party, witness, attorney, judicial employee, judge, juror,
or other participant who is hearing impaired, the individual who is
hearing impaired, upon his or her request, shall be provided with a
functioning assistive listening system or a computer-aided
transcription system. Any individual requiring this equipment shall
give advance notice of his or her need to the appropriate court or
agency at the time the hearing is set or not later than five days
before the hearing.
(b) Assistive listening systems include, but are not limited to,
special devices which transmit amplified speech by means of
audio-induction loops, radio frequency systems (AM or FM), or
infrared transmission. Personal receivers, headphones, and neck loops
shall be available upon request by individuals who are hearing
impaired.
(c) If a computer-aided transcription system is requested,
sufficient display terminals shall be provided to allow the
individual who is hearing impaired to read the real-time transcript
of the proceeding without difficulty.
(d) A sign shall be posted in a prominent place indicating the
availability of, and how to request, an assistive listening system
and a computer-aided transcription system. Notice of the availability
of the systems shall be posted with notice of trials.
(e) Each superior court shall have at least one portable assistive
listening system for use in any court facility within the county.
When not in use, the system shall be stored in a location determined
by the court.
(f) The Judicial Council shall develop and approve official forms
for notice of the availability of assistive listening systems and
computer-aided transcription systems for individuals who are hearing
impaired. The Judicial Council shall also develop and maintain a
system to record utilization by the courts of these assistive
listening systems and computer-aided transcription systems.
(g) If the individual who is hearing impaired is a juror, the jury
deliberation room shall be equipped with an assistive listening
system or a computer-aided transcription system upon the request of
the juror.
(h) A court reporter may be present in the jury deliberating room
during a jury deliberation if the services of a court reporter for
the purpose of operating a computer-aided transcription system are
required for a juror who is hearing impaired.
(i) In any of the proceedings referred to in subdivision (a), or
in any administrative hearing of a public agency, in which the
individual who is hearing impaired is a party, witness, attorney,
judicial employee, judge, juror, or other participant, and has
requested use of an assistive listening system or computer-aided
transcription system, the proceedings shall not commence until the
system is in place and functioning.
(j) As used in this section, "individual who is hearing impaired"
means an individual with a hearing loss, who, with sufficient
amplification or a computer-aided transcription system, is able to
fully participate in the proceeding.
(k) In no case shall this section be construed to prescribe a
lesser standard of accessibility or usability than that provided by
Title II of the Americans with Disabilities Act of 1990 (Public Law
101-336) and federal regulations adopted pursuant to that act.
54.9. (a) On and after January 1, 2009, a manufacturer or
distributor of touch-screen devices used for the purpose of
self-service check-in at a hotel or at a facility providing passenger
transportation services shall offer for availability touch-screen
self-service check-in devices that contain the necessary technology.
(b) For purposes of this section, "necessary technology" means
technology that enables a person with a visual impairment to do the
following:
(1) Enter any personal information necessary to process a
transaction in a manner that ensures the same degree of personal
privacy afforded to those without visual impairments.
(2) Use the device independently and without the assistance of
others in the same manner afforded to those without visual
impairments.
(c) For purposes of this section, "hotel" means any hotel, motel,
bed and breakfast inn, or other similar transient lodging
establishment, but it does not include any residential hotel as
defined in Section 50519 of the Health and Safety Code.
(d) This section shall not be construed to preclude or limit any
other existing right or remedy as it pertains to self-service
check-in devices and accessibility.
55. Any person who is aggrieved or potentially aggrieved by a
violation of Section 54 or 54.1 of this code, Chapter 7 (commencing
with Section 4450) of Division 5 of Title 1 of the Government Code,
or Part 5.5 (commencing with Section 19955) of Division 13 of the
Health and Safety Code may bring an action to enjoin the violation.
The prevailing party in the action shall be entitled to recover
reasonable attorney's fees.
55.1. In addition to any remedies available under the federal
Americans with Disabilities Act of 1990, Public Law 101-336 (42
U.S.C. Sec. 12102), or other provisions of law, the district
attorney, the city attorney, the Department of Rehabilitation acting
through the Attorney General, or the Attorney General may bring an
action to enjoin any violation of Section 54 or 54.1.
55.2. If a violation of Section 54, 54.1, 54.2, or 54.3 is alleged
or the application or construction of any of these sections is in
issue in any proceeding in the Supreme Court of California, a state
court of appeal, or the appellate division of a superior court, each
party shall serve a copy of the party's brief or petition and brief,
on the State Solicitor General at the Office of the Attorney General.
No brief may be accepted for filing unless the proof of service
shows service on the State Solicitor General. Any party failing to
comply with this requirement shall be given a reasonable opportunity
to cure the failure before the court imposes any sanction and, in
that instance, the court shall allow the Attorney General reasonable
additional time to file a brief in the matter.
55.3. (a) For purposes of this section, the following shall apply:
(1) "Complaint" means a civil complaint that is filed or is to be
filed with a court and is sent to or served upon a defendant on the
basis of one or more construction-related accessibility claims, as
defined in this section.
(2) "Demand for money" means a written document that is provided
to a building owner or tenant, or an agent or employee of a building
owner or tenant, that contains a request for money on the basis of
one or more construction-related accessibility claims, as defined in
paragraph (3).
(3) "Construction-related accessibility claim" means any claim of
a violation of any construction-related accessibility standard, as
defined by paragraph (6) of subdivision (a) of Section 55.52, with
respect to a place of public accommodation. "Construction-related
accessibility claim" does not include a claim of interference with
housing within the meaning of paragraph (2) of subdivision (b) of
Section 54.1, or any claim of interference caused by something other
than the construction-related accessibility condition of the
property, including, but not limited to, the conduct of any person.
(b) An attorney shall provide a written advisory with each demand
for money or complaint sent to or served by him or her upon a
defendant, in the form described in subdivision (c), and on a page or
pages that are separate and clearly distinguishable from the demand
for money or complaint, as follows:
IMPORTANT INFORMATION FOR BUILDING OWNERS AND TENANTS
This form is available in English, Spanish, Chinese, Vietnamese,
and Korean through the Judicial Council of California. Persons with
visual impairments can get assistance in viewing this form through
the Judicial Council Internet Web site at
https://www.courtinfo.ca.gov.
Existing law requires that you receive this information because
the demand for money or complaint you received with this document
claims that your building or property does not comply with one or
more existing construction-related accessibility laws or regulations
protecting the civil rights of persons with disabilities to access
public places.
YOU HAVE IMPORTANT LEGAL OBLIGATIONS. Compliance with disability
access laws is a serious and significant responsibility that applies
to all California building owners and tenants with buildings open for
business to the public. You may obtain information about your legal
obligations and how to comply with disability access laws through the
Division of the State Architect. Commencing September 1, 2009,
information will also be available from the California Commission on
Disability Access Internet Web site.
YOU HAVE IMPORTANT LEGAL RIGHTS. You are not required to pay any
money unless and until a court finds you liable. Moreover, RECEIPT OF
THIS ADVISORY DOES NOT NECESSARILY MEAN YOU WILL BE FOUND LIABLE FOR
ANYTHING.
You may wish to promptly consult an attorney experienced in this
area of the law to get helpful legal advice or representation in
responding to the demand for money or complaint you received. You may
contact the local bar association in your county for information on
available attorneys in your area. If you have insurance, you may also
wish to contact your insurance provider. You have the right to seek
assistance or advice about this demand for money or complaint from
any person of your choice, and no one may instruct you otherwise.
Your best interest may be served by seeking legal advice or
representation from an attorney.
If a complaint has been filed and served on you and your property
has been inspected by a Certified Access Specialist (CASp; see
www.dsa.dgs.ca.gov/casp), you may have the right to a court stay
(temporary stoppage) and early evaluation conference to evaluate the
merits of the construction-related accessibility claim against you
pursuant to Civil Code Section 55.54. At your option, you may be, but
need not be, represented by an attorney to file a reply and to file
an application for a court stay and early evaluation conference. If
you choose not to hire an attorney to represent you, you may obtain
additional information about how to represent yourself and how to
file a reply without hiring an attorney through the Judicial Council
Internet Web site at https://www.courtinfo.ca.gov/selfhelp/. You may
also obtain a form to file your reply to the lawsuit, as well as the
form and information for filing an application to request the court
stay and early evaluation conference at that same Web site.
If you choose to hire an attorney to represent you, the attorney
who sent you the demand for money or complaint is prohibited from
contacting you further unless your attorney has given the other
attorney permission to contact you. If the other attorney does try to
contact you, you should immediately notify your attorney.
(c) On or before July 1, 2009, the Judicial Council shall adopt a
form that may be used by attorneys to comply with the requirements of
subdivision (b). The form shall be in substantially the same format
and include all of the text set forth in subdivision (b). The form
shall be available in English, Spanish, Chinese, Vietnamese, and
Korean, and shall include a statement that the form is available in
additional languages, and the Judicial Council Internet Web site
address where the different versions of the form may be located. The
form shall include Internet Web site information for the Division of
the State Architect and, when operational, the California Commission
on Disability Access.
(d) Subdivision (b) shall apply only to a demand for money or
complaint made by an attorney. Nothing in this section is intended to
affect the right to file a civil complaint under any other law or
regulation protecting the physical access rights of persons with
disabilities. Additionally, nothing in this section requires a party
acting in propria persona to provide or send a demand for money to
another party before proceeding against that party with a civil
complaint.
(e) This section shall not apply to any action brought by the
Attorney General, or by any district attorney, city attorney, or
county counsel.
54. (a) Individuals with disabilities or medical conditions have
the same right as the general public to the full and free use of the
streets, highways, sidewalks, walkways, public buildings, medical
facilities, including hospitals, clinics, and physicians' offices,
public facilities, and other public places.
(b) For purposes of this section:
(1) "Disability" means any mental or physical disability as
defined in Section 12926 of the Government Code.
(2) "Medical condition" has the same meaning as defined in
subdivision (h) of Section 12926 of the Government Code.
(c) A violation of the right of an individual under the Americans
with Disabilities Act of 1990 (Public Law 101-336) also constitutes a
violation of this section.
54.1. (a) (1) Individuals with disabilities shall be entitled to
full and equal access, as other members of the general public, to
accommodations, advantages, facilities, medical facilities, including
hospitals, clinics, and physicians' offices, and privileges of all
common carriers, airplanes, motor vehicles, railroad trains,
motorbuses, streetcars, boats, or any other public conveyances or
modes of transportation (whether private, public, franchised,
licensed, contracted, or otherwise provided), telephone facilities,
adoption agencies, private schools, hotels, lodging places, places of
public accommodation, amusement, or resort, and other places to
which the general public is invited, subject only to the conditions
and limitations established by law, or state or federal regulation,
and applicable alike to all persons.
(2) As used in this section, "telephone facilities" means tariff
items and other equipment and services that have been approved by the
Public Utilities Commission to be used by individuals with
disabilities in a manner feasible and compatible with the existing
telephone network provided by the telephone companies.
(3) "Full and equal access," for purposes of this section in its
application to transportation, means access that meets the standards
of Titles II and III of the Americans with Disabilities Act of 1990
(Public Law 101-336) and federal regulations adopted pursuant
thereto, except that, if the laws of this state prescribe higher
standards, it shall mean access that meets those higher standards.
(b) (1) Individuals with disabilities shall be entitled to full
and equal access, as other members of the general public, to all
housing accommodations offered for rent, lease, or compensation in
this state, subject to the conditions and limitations established by
law, or state or federal regulation, and applicable alike to all
persons.
(2) "Housing accommodations" means any real property, or portion
thereof, that is used or occupied, or is intended, arranged, or
designed to be used or occupied, as the home, residence, or sleeping
place of one or more human beings, but shall not include any
accommodations included within subdivision (a) or any single-family
residence the occupants of which rent, lease, or furnish for
compensation not more than one room therein.
(3) (A) Any person renting, leasing, or otherwise providing real
property for compensation shall not refuse to permit an individual
with a disability, at that person's expense, to make reasonable
modifications of the existing rented premises if the modifications
are necessary to afford the person full enjoyment of the premises.
However, any modifications under this paragraph may be conditioned on
the disabled tenant entering into an agreement to restore the
interior of the premises to the condition existing prior to the
modifications. No additional security may be required on account of
an election to make modifications to the rented premises under this
paragraph, but the lessor and tenant may negotiate, as part of the
agreement to restore the premises, a provision requiring the disabled
tenant to pay an amount into an escrow account, not to exceed a
reasonable estimate of the cost of restoring the premises.
(B) Any person renting, leasing, or otherwise providing real
property for compensation shall not refuse to make reasonable
accommodations in rules, policies, practices, or services, when those
accommodations may be necessary to afford individuals with a
disability equal opportunity to use and enjoy the premises.
(4) Nothing in this subdivision shall require any person renting,
leasing, or providing for compensation real property to modify his or
her property in any way or provide a higher degree of care for an
individual with a disability than for an individual who is not
disabled.
(5) Except as provided in paragraph (6), nothing in this part
shall require any person renting, leasing, or providing for
compensation real property, if that person refuses to accept tenants
who have dogs, to accept as a tenant an individual with a disability
who has a dog.
(6) (A) It shall be deemed a denial of equal access to housing
accommodations within the meaning of this subdivision for any person,
firm, or corporation to refuse to lease or rent housing
accommodations to an individual who is blind or visually impaired on
the basis that the individual uses the services of a guide dog, an
individual who is deaf or hearing impaired on the basis that the
individual uses the services of a signal dog, or to an individual
with any other disability on the basis that the individual uses the
services of a service dog, or to refuse to permit such an individual
who is blind or visually impaired to keep a guide dog, an individual
who is deaf or hearing impaired to keep a signal dog, or an
individual with any other disability to keep a service dog on the
premises.
(B) Except in the normal performance of duty as a mobility or
signal aid, nothing contained in this paragraph shall be construed to
prevent the owner of a housing accommodation from establishing terms
in a lease or rental agreement that reasonably regulate the presence
of guide dogs, signal dogs, or service dogs on the premises of a
housing accommodation, nor shall this paragraph be construed to
relieve a tenant from any liability otherwise imposed by law for real
and personal property damages caused by such a dog when proof of the
same exists.
(C) (i) As used in this subdivision, "guide dog" means any guide
dog that was trained by a person licensed under Chapter 9.5
(commencing with Section 7200) of Division 3 of the Business and
Professions Code or as defined in the regulations implementing Title
III of the Americans with Disabilities Act of 1990 (Public Law
101-336).
(ii) As used in this subdivision, "signal dog" means any dog
trained to alert an individual who is deaf or hearing impaired to
intruders or sounds.
(iii) As used in this subdivision, "service dog" means any dog
individually trained to the requirements of the individual with a
disability, including, but not limited to, minimal protection work,
rescue work, pulling a wheelchair, or fetching dropped items.
(7) It shall be deemed a denial of equal access to housing
accommodations within the meaning of this subdivision for any person,
firm, or corporation to refuse to lease or rent housing
accommodations to an individual who is blind or visually impaired, an
individual who is deaf or hearing impaired, or other individual with
a disability on the basis that the individual with a disability is
partially or wholly dependent upon the income of his or her spouse,
if the spouse is a party to the lease or rental agreement. Nothing in
this subdivision, however, shall prohibit a lessor or landlord from
considering the aggregate financial status of an individual with a
disability and his or her spouse.
(c) Visually impaired or blind persons and persons licensed to
train guide dogs for individuals who are visually impaired or blind
pursuant to Chapter 9.5 (commencing with Section 7200) of Division 3
of the Business and Professions Code or guide dogs as defined in the
regulations implementing Title III of the Americans with Disabilities
Act of 1990 (Public Law 101-336), and persons who are deaf or
hearing impaired and persons authorized to train signal dogs for
individuals who are deaf or hearing impaired, and other individuals
with a disability and persons authorized to train service dogs for
individuals with a disability, may take dogs, for the purpose of
training them as guide dogs, signal dogs, or service dogs in any of
the places specified in subdivisions (a) and (b). These persons shall
ensure that the dog is on a leash and tagged as a guide dog, signal
dog, or service dog by identification tag issued by the county clerk,
animal control department, or other agency, as authorized by Chapter
3.5 (commencing with Section 30850) of Division 14 of the Food and
Agricultural Code. In addition, the person shall be liable for any
provable damage done to the premises or facilities by his or her dog.
(d) A violation of the right of an individual under the Americans
with Disabilities Act of 1990 (Public Law 101-336) also constitutes a
violation of this section, and nothing in this section shall be
construed to limit the access of any person in violation of that act.
(e) Nothing in this section shall preclude the requirement of the
showing of a license plate or disabled placard when required by
enforcement units enforcing disabled persons parking violations
pursuant to Sections 22507.8 and 22511.8 of the Vehicle Code.
54.2. (a) Every individual with a disability has the right to be
accompanied by a guide dog, signal dog, or service dog, especially
trained for the purpose, in any of the places specified in Section
54.1 without being required to pay an extra charge or security
deposit for the guide dog, signal dog, or service dog. However, the
individual shall be liable for any damage done to the premises or
facilities by his or her dog.
(b) Individuals who are blind or otherwise visually impaired and
persons licensed to train guide dogs for individuals who are blind or
visually impaired pursuant to Chapter 9.5 (commencing with Section
7200) of Division 3 of the Business and Professions Code or as
defined in regulations implementing Title III of the Americans with
Disabilities Act of 1990 (Public Law 101-336), and individuals who
are deaf or hearing impaired and persons authorized to train signal
dogs for individuals who are deaf or hearing impaired, and
individuals with a disability and persons who are authorized to train
service dogs for the individuals with a disability may take dogs,
for the purpose of training them as guide dogs, signal dogs, or
service dogs in any of the places specified in Section 54.1 without
being required to pay an extra charge or security deposit for the
guide dog, signal dog, or service dog. However, the person shall be
liable for any damage done to the premises or facilities by his or
her dog. These persons shall ensure the dog is on a leash and tagged
as a guide dog, signal dog, or service dog by an identification tag
issued by the county clerk, animal control department, or other
agency, as authorized by Chapter 3.5 (commencing with Section 30850)
of Title 14 of the Food and Agricultural Code.
A violation of the right of an individual under the Americans
with Disabilities Act of 1990 (Public Law 101-336) also constitutes a
violation of this section, and nothing in this section shall be
construed to limit the access of any person in violation of that act.
(c) As used in this section, the terms "guide dog," "signal dog,"
and "service dog" have the same meanings as specified in Section
54.1.
(d) Nothing in this section precludes the requirement of the
showing of a license plate or disabled placard when required by
enforcement units enforcing disabled persons parking violations
pursuant to Sections 22507.8 and 22511.8 of the Vehicle Code.
54.25. (a) (1) A peace officer or firefighter assigned to a canine
unit or the handler of a search and rescue dog assigned to duty away
from his or her home jurisdiction because of a declared federal,
state, or local emergency, or an official mutual aid request or
training, and in the course and scope of his or her duties shall not
be denied service based on the presence of the dog or discriminated
against in hotels, lodging establishments, eating establishments, or
public transportation by being required to pay an extra charge or
security deposit for the dog. However, the peace officer's law
enforcement agency, the firefighter's fire agency, or the handler of
a search and rescue dog shall be liable for any damages to the
premises or facilities caused by the dog.
(2) Any person, firm, association, or corporation, or the agent of
any person, firm, association, or corporation that prevents a peace
officer or a firefighter assigned to a canine unit and his or her dog
or the handler of a search and rescue dog and his or her dog from
exercising, or interferes in the exercise of, the rights specified in
this section is subject to a civil fine not exceeding one thousand
dollars ($1,000).
(b) For purposes of this section, the following definitions
apply:
(1) "Declared emergency" is any emergency declared by the
President of the United States, the Governor of a state, or local
authorities.
(2) "Handler of a search and rescue dog" means a person in
possession of a dog that is in training to become registered and
approved as a search and rescue dog, or that is currently registered
and approved for tasks, including, but not limited to, locating
missing persons, discovering controlled substances, explosives, or
cadavers, or locating victims in collapsed structures, and assisting
with peace officer on-command searches for suspects and victims at
crime scenes.
(3) "Peace officer's or firefighter's dog" means a dog owned by a
public law enforcement agency or fire department and under the
control of a peace officer or firefighter assigned to a canine unit
that has been trained in matters, including, but not limited to,
discovering controlled substances, explosives, cadavers, victims in
collapsed structures, and peace officer on-command searches for
suspects and victims at crime scenes.
(4) "Search and rescue dog" means a dog that is officially
affiliated with, or sponsored by, a governmental agency and that has
been trained and approved as a search and rescue dog, or that is
currently registered and approved for search and rescue work with a
search and rescue team affiliated with the California Emergency
Management Agency. The term also includes a dog that is in training
to become registered and approved for that work.
(c) Nothing in this section is intended to affect any civil
remedies available for a violation of this section.
(d) This section is intended to provide accessibility without
discrimination to a peace officer or firefighter with a peace officer'
s or firefighter's dog or a handler of a search and rescue dog with a
search and rescue dog in hotels, lodging places, eating
establishments, and public transportation.
(e) Nothing in this section is intended to prevent the removal of
the search and rescue dog in the event the search and rescue dog
creates an excessive disturbance to the quiet enjoyment of the
property. In the event of an excessive disturbance, the peace
officer, firefighter, or handler of the search and rescue dog shall
be given a minimum of one warning notice of the excessive disturbance
and an opportunity to correct the disturbance. The mere presence of
the dog within the hotel, lodging establishment, food establishment,
or public transportation shall not be considered an excessive
disturbance.
54.3. (a) Any person or persons, firm or corporation who denies or
interferes with admittance to or enjoyment of the public facilities
as specified in Sections 54 and 54.1 or otherwise interferes with the
rights of an individual with a disability under Sections 54, 54.1
and 54.2 is liable for each offense for the actual damages and any
amount as may be determined by a jury, or the court sitting without a
jury, up to a maximum of three times the amount of actual damages
but in no case less than one thousand dollars ($1,000), and attorney'
s fees as may be determined by the court in addition thereto,
suffered by any person denied any of the rights provided in Sections
54, 54.1, and 54.2. "Interfere," for purposes of this section,
includes, but is not limited to, preventing or causing the prevention
of a guide dog, signal dog, or service dog from carrying out its
functions in assisting a disabled person.
(b) Any person who claims to be aggrieved by an alleged unlawful
practice in violation of Section 54, 54.1, or 54.2 may also file a
verified complaint with the Department of Fair Employment and Housing
pursuant to Section 12948 of the Government Code. The remedies in
this section are nonexclusive and are in addition to any other remedy
provided by law, including, but not limited to, any action for
injunctive or other equitable relief available to the aggrieved party
or brought in the name of the people of this state or of the United
States.
(c) A person may not be held liable for damages pursuant to both
this section and Section 52 for the same act or failure to act.
54.4. A blind or otherwise visually impaired pedestrian shall have
all of the rights and privileges conferred by law upon other persons
in any of the places, accommodations, or conveyances specified in
Sections 54 and 54.1, notwithstanding the fact that the person is not
carrying a predominantly white cane (with or without a red tip), or
using a guide dog. The failure of a blind or otherwise visually
impaired person to carry such a cane or to use such a guide dog shall
not constitute negligence per se.
54.5. Each year, the Governor shall publicly proclaim October 15 as
White Cane Safety Day. He or she shall issue a proclamation in
which:
(a) Comments shall be made upon the significance of this chapter.
(b) Citizens of the state are called upon to observe the
provisions of this chapter and to take precautions necessary to the
safety of disabled persons.
(c) Citizens of the state are reminded of the policies with
respect to disabled persons declared in this chapter and he urges the
citizens to cooperate in giving effect to them.
(d) Emphasis shall be made on the need of the citizenry to be
aware of the presence of disabled persons in the community and to
keep safe and functional for the disabled the streets, highways,
sidewalks, walkways, public buildings, public facilities, other
public places, places of public accommodation, amusement and resort,
and other places to which the public is invited, and to offer
assistance to disabled persons upon appropriate occasions.
(e) It is the policy of this state to encourage and enable
disabled persons to participate fully in the social and economic life
of the state and to engage in remunerative employment.
54.6. As used in this part, "visually impaired" includes blindness
and means having central visual acuity not to exceed 20/200 in the
better eye, with corrected lenses, as measured by the Snellen test,
or visual acuity greater than 20/200, but with a limitation in the
field of vision such that the widest diameter of the visual field
subtends an angle not greater than 20 degrees.
54.7. (a) Notwithstanding any other provision of law, the
provisions of this part shall not be construed to require zoos or
wild animal parks to allow guide dogs, signal dogs, or service dogs
to accompany individuals with a disability in areas of the zoo or
park where zoo or park animals are not separated from members of the
public by a physical barrier. As used in this section, "physical
barrier" does not include an automobile or other conveyance.
(b) Any zoo or wild animal park that does not permit guide dogs,
signal dogs, or service dogs to accompany individuals with a
disability therein shall maintain, free of charge, adequate kennel
facilities for the use of guide dogs, signal dogs, or service dogs
belonging to these persons. These facilities shall be of a character
commensurate with the anticipated daily attendance of individuals
with a disability. The facilities shall be in an area not accessible
to the general public, shall be equipped with water and utensils for
the consumption thereof, and shall otherwise be safe, clean, and
comfortable.
(c) Any zoo or wild animal park that does not permit guide dogs to
accompany blind or visually impaired persons therein shall provide
free transportation to blind or visually impaired persons on any mode
of transportation provided for members of the public.
Each zoo or wild animal park that does not permit service dogs to
accompany individuals with a disability shall provide free
transportation to individuals with a disability on any mode of
transportation provided for a member of the public in cases where the
person uses a wheelchair and it is readily apparent that the person
is unable to maintain complete or independent mobility without the
aid of the service dog.
(d) Any zoo or wild animal park that does not permit guide dogs to
accompany blind or otherwise visually impaired persons therein shall
provide sighted escorts for blind or otherwise visually impaired
persons if they are unaccompanied by a sighted person.
(e) As used in this section, "wild animal park" means any entity
open to the public on a regular basis, licensed by the United States
Department of Agriculture under the Animal Welfare Act as an exhibit,
and operating for the primary purposes of conserving, propagating,
and exhibiting wild and exotic animals, and any marine, mammal, or
aquatic park open to the general public.
54.8. (a) In any civil or criminal proceeding, including, but not
limited to, traffic, small claims court, family court proceedings and
services, and juvenile court proceedings, in any court-ordered or
court-provided alternative dispute resolution, including mediation
and arbitration, or in any administrative hearing of a public agency,
where a party, witness, attorney, judicial employee, judge, juror,
or other participant who is hearing impaired, the individual who is
hearing impaired, upon his or her request, shall be provided with a
functioning assistive listening system or a computer-aided
transcription system. Any individual requiring this equipment shall
give advance notice of his or her need to the appropriate court or
agency at the time the hearing is set or not later than five days
before the hearing.
(b) Assistive listening systems include, but are not limited to,
special devices which transmit amplified speech by means of
audio-induction loops, radio frequency systems (AM or FM), or
infrared transmission. Personal receivers, headphones, and neck loops
shall be available upon request by individuals who are hearing
impaired.
(c) If a computer-aided transcription system is requested,
sufficient display terminals shall be provided to allow the
individual who is hearing impaired to read the real-time transcript
of the proceeding without difficulty.
(d) A sign shall be posted in a prominent place indicating the
availability of, and how to request, an assistive listening system
and a computer-aided transcription system. Notice of the availability
of the systems shall be posted with notice of trials.
(e) Each superior court shall have at least one portable assistive
listening system for use in any court facility within the county.
When not in use, the system shall be stored in a location determined
by the court.
(f) The Judicial Council shall develop and approve official forms
for notice of the availability of assistive listening systems and
computer-aided transcription systems for individuals who are hearing
impaired. The Judicial Council shall also develop and maintain a
system to record utilization by the courts of these assistive
listening systems and computer-aided transcription systems.
(g) If the individual who is hearing impaired is a juror, the jury
deliberation room shall be equipped with an assistive listening
system or a computer-aided transcription system upon the request of
the juror.
(h) A court reporter may be present in the jury deliberating room
during a jury deliberation if the services of a court reporter for
the purpose of operating a computer-aided transcription system are
required for a juror who is hearing impaired.
(i) In any of the proceedings referred to in subdivision (a), or
in any administrative hearing of a public agency, in which the
individual who is hearing impaired is a party, witness, attorney,
judicial employee, judge, juror, or other participant, and has
requested use of an assistive listening system or computer-aided
transcription system, the proceedings shall not commence until the
system is in place and functioning.
(j) As used in this section, "individual who is hearing impaired"
means an individual with a hearing loss, who, with sufficient
amplification or a computer-aided transcription system, is able to
fully participate in the proceeding.
(k) In no case shall this section be construed to prescribe a
lesser standard of accessibility or usability than that provided by
Title II of the Americans with Disabilities Act of 1990 (Public Law
101-336) and federal regulations adopted pursuant to that act.
54.9. (a) On and after January 1, 2009, a manufacturer or
distributor of touch-screen devices used for the purpose of
self-service check-in at a hotel or at a facility providing passenger
transportation services shall offer for availability touch-screen
self-service check-in devices that contain the necessary technology.
(b) For purposes of this section, "necessary technology" means
technology that enables a person with a visual impairment to do the
following:
(1) Enter any personal information necessary to process a
transaction in a manner that ensures the same degree of personal
privacy afforded to those without visual impairments.
(2) Use the device independently and without the assistance of
others in the same manner afforded to those without visual
impairments.
(c) For purposes of this section, "hotel" means any hotel, motel,
bed and breakfast inn, or other similar transient lodging
establishment, but it does not include any residential hotel as
defined in Section 50519 of the Health and Safety Code.
(d) This section shall not be construed to preclude or limit any
other existing right or remedy as it pertains to self-service
check-in devices and accessibility.
55. Any person who is aggrieved or potentially aggrieved by a
violation of Section 54 or 54.1 of this code, Chapter 7 (commencing
with Section 4450) of Division 5 of Title 1 of the Government Code,
or Part 5.5 (commencing with Section 19955) of Division 13 of the
Health and Safety Code may bring an action to enjoin the violation.
The prevailing party in the action shall be entitled to recover
reasonable attorney's fees.
55.1. In addition to any remedies available under the federal
Americans with Disabilities Act of 1990, Public Law 101-336 (42
U.S.C. Sec. 12102), or other provisions of law, the district
attorney, the city attorney, the Department of Rehabilitation acting
through the Attorney General, or the Attorney General may bring an
action to enjoin any violation of Section 54 or 54.1.
55.2. If a violation of Section 54, 54.1, 54.2, or 54.3 is alleged
or the application or construction of any of these sections is in
issue in any proceeding in the Supreme Court of California, a state
court of appeal, or the appellate division of a superior court, each
party shall serve a copy of the party's brief or petition and brief,
on the State Solicitor General at the Office of the Attorney General.
No brief may be accepted for filing unless the proof of service
shows service on the State Solicitor General. Any party failing to
comply with this requirement shall be given a reasonable opportunity
to cure the failure before the court imposes any sanction and, in
that instance, the court shall allow the Attorney General reasonable
additional time to file a brief in the matter.
55.3. (a) For purposes of this section, the following shall apply:
(1) "Complaint" means a civil complaint that is filed or is to be
filed with a court and is sent to or served upon a defendant on the
basis of one or more construction-related accessibility claims, as
defined in this section.
(2) "Demand for money" means a written document that is provided
to a building owner or tenant, or an agent or employee of a building
owner or tenant, that contains a request for money on the basis of
one or more construction-related accessibility claims, as defined in
paragraph (3).
(3) "Construction-related accessibility claim" means any claim of
a violation of any construction-related accessibility standard, as
defined by paragraph (6) of subdivision (a) of Section 55.52, with
respect to a place of public accommodation. "Construction-related
accessibility claim" does not include a claim of interference with
housing within the meaning of paragraph (2) of subdivision (b) of
Section 54.1, or any claim of interference caused by something other
than the construction-related accessibility condition of the
property, including, but not limited to, the conduct of any person.
(b) An attorney shall provide a written advisory with each demand
for money or complaint sent to or served by him or her upon a
defendant, in the form described in subdivision (c), and on a page or
pages that are separate and clearly distinguishable from the demand
for money or complaint, as follows:
IMPORTANT INFORMATION FOR BUILDING OWNERS AND TENANTS
This form is available in English, Spanish, Chinese, Vietnamese,
and Korean through the Judicial Council of California. Persons with
visual impairments can get assistance in viewing this form through
the Judicial Council Internet Web site at
https://www.courtinfo.ca.gov.
Existing law requires that you receive this information because
the demand for money or complaint you received with this document
claims that your building or property does not comply with one or
more existing construction-related accessibility laws or regulations
protecting the civil rights of persons with disabilities to access
public places.
YOU HAVE IMPORTANT LEGAL OBLIGATIONS. Compliance with disability
access laws is a serious and significant responsibility that applies
to all California building owners and tenants with buildings open for
business to the public. You may obtain information about your legal
obligations and how to comply with disability access laws through the
Division of the State Architect. Commencing September 1, 2009,
information will also be available from the California Commission on
Disability Access Internet Web site.
YOU HAVE IMPORTANT LEGAL RIGHTS. You are not required to pay any
money unless and until a court finds you liable. Moreover, RECEIPT OF
THIS ADVISORY DOES NOT NECESSARILY MEAN YOU WILL BE FOUND LIABLE FOR
ANYTHING.
You may wish to promptly consult an attorney experienced in this
area of the law to get helpful legal advice or representation in
responding to the demand for money or complaint you received. You may
contact the local bar association in your county for information on
available attorneys in your area. If you have insurance, you may also
wish to contact your insurance provider. You have the right to seek
assistance or advice about this demand for money or complaint from
any person of your choice, and no one may instruct you otherwise.
Your best interest may be served by seeking legal advice or
representation from an attorney.
If a complaint has been filed and served on you and your property
has been inspected by a Certified Access Specialist (CASp; see
www.dsa.dgs.ca.gov/casp), you may have the right to a court stay
(temporary stoppage) and early evaluation conference to evaluate the
merits of the construction-related accessibility claim against you
pursuant to Civil Code Section 55.54. At your option, you may be, but
need not be, represented by an attorney to file a reply and to file
an application for a court stay and early evaluation conference. If
you choose not to hire an attorney to represent you, you may obtain
additional information about how to represent yourself and how to
file a reply without hiring an attorney through the Judicial Council
Internet Web site at https://www.courtinfo.ca.gov/selfhelp/. You may
also obtain a form to file your reply to the lawsuit, as well as the
form and information for filing an application to request the court
stay and early evaluation conference at that same Web site.
If you choose to hire an attorney to represent you, the attorney
who sent you the demand for money or complaint is prohibited from
contacting you further unless your attorney has given the other
attorney permission to contact you. If the other attorney does try to
contact you, you should immediately notify your attorney.
(c) On or before July 1, 2009, the Judicial Council shall adopt a
form that may be used by attorneys to comply with the requirements of
subdivision (b). The form shall be in substantially the same format
and include all of the text set forth in subdivision (b). The form
shall be available in English, Spanish, Chinese, Vietnamese, and
Korean, and shall include a statement that the form is available in
additional languages, and the Judicial Council Internet Web site
address where the different versions of the form may be located. The
form shall include Internet Web site information for the Division of
the State Architect and, when operational, the California Commission
on Disability Access.
(d) Subdivision (b) shall apply only to a demand for money or
complaint made by an attorney. Nothing in this section is intended to
affect the right to file a civil complaint under any other law or
regulation protecting the physical access rights of persons with
disabilities. Additionally, nothing in this section requires a party
acting in propria persona to provide or send a demand for money to
another party before proceeding against that party with a civil
complaint.
(e) This section shall not apply to any action brought by the
Attorney General, or by any district attorney, city attorney, or
county counsel.
54. (a) Individuals with disabilities or medical conditions have
the same right as the general public to the full and free use of the
streets, highways, sidewalks, walkways, public buildings, medical
facilities, including hospitals, clinics, and physicians' offices,
public facilities, and other public places.
(b) For purposes of this section:
(1) "Disability" means any mental or physical disability as
defined in Section 12926 of the Government Code.
(2) "Medical condition" has the same meaning as defined in
subdivision (h) of Section 12926 of the Government Code.
(c) A violation of the right of an individual under the Americans
with Disabilities Act of 1990 (Public Law 101-336) also constitutes a
violation of this section.
54.1. (a) (1) Individuals with disabilities shall be entitled to
full and equal access, as other members of the general public, to
accommodations, advantages, facilities, medical facilities, including
hospitals, clinics, and physicians' offices, and privileges of all
common carriers, airplanes, motor vehicles, railroad trains,
motorbuses, streetcars, boats, or any other public conveyances or
modes of transportation (whether private, public, franchised,
licensed, contracted, or otherwise provided), telephone facilities,
adoption agencies, private schools, hotels, lodging places, places of
public accommodation, amusement, or resort, and other places to
which the general public is invited, subject only to the conditions
and limitations established by law, or state or federal regulation,
and applicable alike to all persons.
(2) As used in this section, "telephone facilities" means tariff
items and other equipment and services that have been approved by the
Public Utilities Commission to be used by individuals with
disabilities in a manner feasible and compatible with the existing
telephone network provided by the telephone companies.
(3) "Full and equal access," for purposes of this section in its
application to transportation, means access that meets the standards
of Titles II and III of the Americans with Disabilities Act of 1990
(Public Law 101-336) and federal regulations adopted pursuant
thereto, except that, if the laws of this state prescribe higher
standards, it shall mean access that meets those higher standards.
(b) (1) Individuals with disabilities shall be entitled to full
and equal access, as other members of the general public, to all
housing accommodations offered for rent, lease, or compensation in
this state, subject to the conditions and limitations established by
law, or state or federal regulation, and applicable alike to all
persons.
(2) "Housing accommodations" means any real property, or portion
thereof, that is used or occupied, or is intended, arranged, or
designed to be used or occupied, as the home, residence, or sleeping
place of one or more human beings, but shall not include any
accommodations included within subdivision (a) or any single-family
residence the occupants of which rent, lease, or furnish for
compensation not more than one room therein.
(3) (A) Any person renting, leasing, or otherwise providing real
property for compensation shall not refuse to permit an individual
with a disability, at that person's expense, to make reasonable
modifications of the existing rented premises if the modifications
are necessary to afford the person full enjoyment of the premises.
However, any modifications under this paragraph may be conditioned on
the disabled tenant entering into an agreement to restore the
interior of the premises to the condition existing prior to the
modifications. No additional security may be required on account of
an election to make modifications to the rented premises under this
paragraph, but the lessor and tenant may negotiate, as part of the
agreement to restore the premises, a provision requiring the disabled
tenant to pay an amount into an escrow account, not to exceed a
reasonable estimate of the cost of restoring the premises.
(B) Any person renting, leasing, or otherwise providing real
property for compensation shall not refuse to make reasonable
accommodations in rules, policies, practices, or services, when those
accommodations may be necessary to afford individuals with a
disability equal opportunity to use and enjoy the premises.
(4) Nothing in this subdivision shall require any person renting,
leasing, or providing for compensation real property to modify his or
her property in any way or provide a higher degree of care for an
individual with a disability than for an individual who is not
disabled.
(5) Except as provided in paragraph (6), nothing in this part
shall require any person renting, leasing, or providing for
compensation real property, if that person refuses to accept tenants
who have dogs, to accept as a tenant an individual with a disability
who has a dog.
(6) (A) It shall be deemed a denial of equal access to housing
accommodations within the meaning of this subdivision for any person,
firm, or corporation to refuse to lease or rent housing
accommodations to an individual who is blind or visually impaired on
the basis that the individual uses the services of a guide dog, an
individual who is deaf or hearing impaired on the basis that the
individual uses the services of a signal dog, or to an individual
with any other disability on the basis that the individual uses the
services of a service dog, or to refuse to permit such an individual
who is blind or visually impaired to keep a guide dog, an individual
who is deaf or hearing impaired to keep a signal dog, or an
individual with any other disability to keep a service dog on the
premises.
(B) Except in the normal performance of duty as a mobility or
signal aid, nothing contained in this paragraph shall be construed to
prevent the owner of a housing accommodation from establishing terms
in a lease or rental agreement that reasonably regulate the presence
of guide dogs, signal dogs, or service dogs on the premises of a
housing accommodation, nor shall this paragraph be construed to
relieve a tenant from any liability otherwise imposed by law for real
and personal property damages caused by such a dog when proof of the
same exists.
(C) (i) As used in this subdivision, "guide dog" means any guide
dog that was trained by a person licensed under Chapter 9.5
(commencing with Section 7200) of Division 3 of the Business and
Professions Code or as defined in the regulations implementing Title
III of the Americans with Disabilities Act of 1990 (Public Law
101-336).
(ii) As used in this subdivision, "signal dog" means any dog
trained to alert an individual who is deaf or hearing impaired to
intruders or sounds.
(iii) As used in this subdivision, "service dog" means any dog
individually trained to the requirements of the individual with a
disability, including, but not limited to, minimal protection work,
rescue work, pulling a wheelchair, or fetching dropped items.
(7) It shall be deemed a denial of equal access to housing
accommodations within the meaning of this subdivision for any person,
firm, or corporation to refuse to lease or rent housing
accommodations to an individual who is blind or visually impaired, an
individual who is deaf or hearing impaired, or other individual with
a disability on the basis that the individual with a disability is
partially or wholly dependent upon the income of his or her spouse,
if the spouse is a party to the lease or rental agreement. Nothing in
this subdivision, however, shall prohibit a lessor or landlord from
considering the aggregate financial status of an individual with a
disability and his or her spouse.
(c) Visually impaired or blind persons and persons licensed to
train guide dogs for individuals who are visually impaired or blind
pursuant to Chapter 9.5 (commencing with Section 7200) of Division 3
of the Business and Professions Code or guide dogs as defined in the
regulations implementing Title III of the Americans with Disabilities
Act of 1990 (Public Law 101-336), and persons who are deaf or
hearing impaired and persons authorized to train signal dogs for
individuals who are deaf or hearing impaired, and other individuals
with a disability and persons authorized to train service dogs for
individuals with a disability, may take dogs, for the purpose of
training them as guide dogs, signal dogs, or service dogs in any of
the places specified in subdivisions (a) and (b). These persons shall
ensure that the dog is on a leash and tagged as a guide dog, signal
dog, or service dog by identification tag issued by the county clerk,
animal control department, or other agency, as authorized by Chapter
3.5 (commencing with Section 30850) of Division 14 of the Food and
Agricultural Code. In addition, the person shall be liable for any
provable damage done to the premises or facilities by his or her dog.
(d) A violation of the right of an individual under the Americans
with Disabilities Act of 1990 (Public Law 101-336) also constitutes a
violation of this section, and nothing in this section shall be
construed to limit the access of any person in violation of that act.
(e) Nothing in this section shall preclude the requirement of the
showing of a license plate or disabled placard when required by
enforcement units enforcing disabled persons parking violations
pursuant to Sections 22507.8 and 22511.8 of the Vehicle Code.
54.2. (a) Every individual with a disability has the right to be
accompanied by a guide dog, signal dog, or service dog, especially
trained for the purpose, in any of the places specified in Section
54.1 without being required to pay an extra charge or security
deposit for the guide dog, signal dog, or service dog. However, the
individual shall be liable for any damage done to the premises or
facilities by his or her dog.
(b) Individuals who are blind or otherwise visually impaired and
persons licensed to train guide dogs for individuals who are blind or
visually impaired pursuant to Chapter 9.5 (commencing with Section
7200) of Division 3 of the Business and Professions Code or as
defined in regulations implementing Title III of the Americans with
Disabilities Act of 1990 (Public Law 101-336), and individuals who
are deaf or hearing impaired and persons authorized to train signal
dogs for individuals who are deaf or hearing impaired, and
individuals with a disability and persons who are authorized to train
service dogs for the individuals with a disability may take dogs,
for the purpose of training them as guide dogs, signal dogs, or
service dogs in any of the places specified in Section 54.1 without
being required to pay an extra charge or security deposit for the
guide dog, signal dog, or service dog. However, the person shall be
liable for any damage done to the premises or facilities by his or
her dog. These persons shall ensure the dog is on a leash and tagged
as a guide dog, signal dog, or service dog by an identification tag
issued by the county clerk, animal control department, or other
agency, as authorized by Chapter 3.5 (commencing with Section 30850)
of Title 14 of the Food and Agricultural Code.
A violation of the right of an individual under the Americans
with Disabilities Act of 1990 (Public Law 101-336) also constitutes a
violation of this section, and nothing in this section shall be
construed to limit the access of any person in violation of that act.
(c) As used in this section, the terms "guide dog," "signal dog,"
and "service dog" have the same meanings as specified in Section
54.1.
(d) Nothing in this section precludes the requirement of the
showing of a license plate or disabled placard when required by
enforcement units enforcing disabled persons parking violations
pursuant to Sections 22507.8 and 22511.8 of the Vehicle Code.
54.25. (a) (1) A peace officer or firefighter assigned to a canine
unit or the handler of a search and rescue dog assigned to duty away
from his or her home jurisdiction because of a declared federal,
state, or local emergency, or an official mutual aid request or
training, and in the course and scope of his or her duties shall not
be denied service based on the presence of the dog or discriminated
against in hotels, lodging establishments, eating establishments, or
public transportation by being required to pay an extra charge or
security deposit for the dog. However, the peace officer's law
enforcement agency, the firefighter's fire agency, or the handler of
a search and rescue dog shall be liable for any damages to the
premises or facilities caused by the dog.
(2) Any person, firm, association, or corporation, or the agent of
any person, firm, association, or corporation that prevents a peace
officer or a firefighter assigned to a canine unit and his or her dog
or the handler of a search and rescue dog and his or her dog from
exercising, or interferes in the exercise of, the rights specified in
this section is subject to a civil fine not exceeding one thousand
dollars ($1,000).
(b) For purposes of this section, the following definitions
apply:
(1) "Declared emergency" is any emergency declared by the
President of the United States, the Governor of a state, or local
authorities.
(2) "Handler of a search and rescue dog" means a person in
possession of a dog that is in training to become registered and
approved as a search and rescue dog, or that is currently registered
and approved for tasks, including, but not limited to, locating
missing persons, discovering controlled substances, explosives, or
cadavers, or locating victims in collapsed structures, and assisting
with peace officer on-command searches for suspects and victims at
crime scenes.
(3) "Peace officer's or firefighter's dog" means a dog owned by a
public law enforcement agency or fire department and under the
control of a peace officer or firefighter assigned to a canine unit
that has been trained in matters, including, but not limited to,
discovering controlled substances, explosives, cadavers, victims in
collapsed structures, and peace officer on-command searches for
suspects and victims at crime scenes.
(4) "Search and rescue dog" means a dog that is officially
affiliated with, or sponsored by, a governmental agency and that has
been trained and approved as a search and rescue dog, or that is
currently registered and approved for search and rescue work with a
search and rescue team affiliated with the California Emergency
Management Agency. The term also includes a dog that is in training
to become registered and approved for that work.
(c) Nothing in this section is intended to affect any civil
remedies available for a violation of this section.
(d) This section is intended to provide accessibility without
discrimination to a peace officer or firefighter with a peace officer'
s or firefighter's dog or a handler of a search and rescue dog with a
search and rescue dog in hotels, lodging places, eating
establishments, and public transportation.
(e) Nothing in this section is intended to prevent the removal of
the search and rescue dog in the event the search and rescue dog
creates an excessive disturbance to the quiet enjoyment of the
property. In the event of an excessive disturbance, the peace
officer, firefighter, or handler of the search and rescue dog shall
be given a minimum of one warning notice of the excessive disturbance
and an opportunity to correct the disturbance. The mere presence of
the dog within the hotel, lodging establishment, food establishment,
or public transportation shall not be considered an excessive
disturbance.
54.3. (a) Any person or persons, firm or corporation who denies or
interferes with admittance to or enjoyment of the public facilities
as specified in Sections 54 and 54.1 or otherwise interferes with the
rights of an individual with a disability under Sections 54, 54.1
and 54.2 is liable for each offense for the actual damages and any
amount as may be determined by a jury, or the court sitting without a
jury, up to a maximum of three times the amount of actual damages
but in no case less than one thousand dollars ($1,000), and attorney'
s fees as may be determined by the court in addition thereto,
suffered by any person denied any of the rights provided in Sections
54, 54.1, and 54.2. "Interfere," for purposes of this section,
includes, but is not limited to, preventing or causing the prevention
of a guide dog, signal dog, or service dog from carrying out its
functions in assisting a disabled person.
(b) Any person who claims to be aggrieved by an alleged unlawful
practice in violation of Section 54, 54.1, or 54.2 may also file a
verified complaint with the Department of Fair Employment and Housing
pursuant to Section 12948 of the Government Code. The remedies in
this section are nonexclusive and are in addition to any other remedy
provided by law, including, but not limited to, any action for
injunctive or other equitable relief available to the aggrieved party
or brought in the name of the people of this state or of the United
States.
(c) A person may not be held liable for damages pursuant to both
this section and Section 52 for the same act or failure to act.
54.4. A blind or otherwise visually impaired pedestrian shall have
all of the rights and privileges conferred by law upon other persons
in any of the places, accommodations, or conveyances specified in
Sections 54 and 54.1, notwithstanding the fact that the person is not
carrying a predominantly white cane (with or without a red tip), or
using a guide dog. The failure of a blind or otherwise visually
impaired person to carry such a cane or to use such a guide dog shall
not constitute negligence per se.
54.5. Each year, the Governor shall publicly proclaim October 15 as
White Cane Safety Day. He or she shall issue a proclamation in
which:
(a) Comments shall be made upon the significance of this chapter.
(b) Citizens of the state are called upon to observe the
provisions of this chapter and to take precautions necessary to the
safety of disabled persons.
(c) Citizens of the state are reminded of the policies with
respect to disabled persons declared in this chapter and he urges the
citizens to cooperate in giving effect to them.
(d) Emphasis shall be made on the need of the citizenry to be
aware of the presence of disabled persons in the community and to
keep safe and functional for the disabled the streets, highways,
sidewalks, walkways, public buildings, public facilities, other
public places, places of public accommodation, amusement and resort,
and other places to which the public is invited, and to offer
assistance to disabled persons upon appropriate occasions.
(e) It is the policy of this state to encourage and enable
disabled persons to participate fully in the social and economic life
of the state and to engage in remunerative employment.
54.6. As used in this part, "visually impaired" includes blindness
and means having central visual acuity not to exceed 20/200 in the
better eye, with corrected lenses, as measured by the Snellen test,
or visual acuity greater than 20/200, but with a limitation in the
field of vision such that the widest diameter of the visual field
subtends an angle not greater than 20 degrees.
54.7. (a) Notwithstanding any other provision of law, the
provisions of this part shall not be construed to require zoos or
wild animal parks to allow guide dogs, signal dogs, or service dogs
to accompany individuals with a disability in areas of the zoo or
park where zoo or park animals are not separated from members of the
public by a physical barrier. As used in this section, "physical
barrier" does not include an automobile or other conveyance.
(b) Any zoo or wild animal park that does not permit guide dogs,
signal dogs, or service dogs to accompany individuals with a
disability therein shall maintain, free of charge, adequate kennel
facilities for the use of guide dogs, signal dogs, or service dogs
belonging to these persons. These facilities shall be of a character
commensurate with the anticipated daily attendance of individuals
with a disability. The facilities shall be in an area not accessible
to the general public, shall be equipped with water and utensils for
the consumption thereof, and shall otherwise be safe, clean, and
comfortable.
(c) Any zoo or wild animal park that does not permit guide dogs to
accompany blind or visually impaired persons therein shall provide
free transportation to blind or visually impaired persons on any mode
of transportation provided for members of the public.
Each zoo or wild animal park that does not permit service dogs to
accompany individuals with a disability shall provide free
transportation to individuals with a disability on any mode of
transportation provided for a member of the public in cases where the
person uses a wheelchair and it is readily apparent that the person
is unable to maintain complete or independent mobility without the
aid of the service dog.
(d) Any zoo or wild animal park that does not permit guide dogs to
accompany blind or otherwise visually impaired persons therein shall
provide sighted escorts for blind or otherwise visually impaired
persons if they are unaccompanied by a sighted person.
(e) As used in this section, "wild animal park" means any entity
open to the public on a regular basis, licensed by the United States
Department of Agriculture under the Animal Welfare Act as an exhibit,
and operating for the primary purposes of conserving, propagating,
and exhibiting wild and exotic animals, and any marine, mammal, or
aquatic park open to the general public.
54.8. (a) In any civil or criminal proceeding, including, but not
limited to, traffic, small claims court, family court proceedings and
services, and juvenile court proceedings, in any court-ordered or
court-provided alternative dispute resolution, including mediation
and arbitration, or in any administrative hearing of a public agency,
where a party, witness, attorney, judicial employee, judge, juror,
or other participant who is hearing impaired, the individual who is
hearing impaired, upon his or her request, shall be provided with a
functioning assistive listening system or a computer-aided
transcription system. Any individual requiring this equipment shall
give advance notice of his or her need to the appropriate court or
agency at the time the hearing is set or not later than five days
before the hearing.
(b) Assistive listening systems include, but are not limited to,
special devices which transmit amplified speech by means of
audio-induction loops, radio frequency systems (AM or FM), or
infrared transmission. Personal receivers, headphones, and neck loops
shall be available upon request by individuals who are hearing
impaired.
(c) If a computer-aided transcription system is requested,
sufficient display terminals shall be provided to allow the
individual who is hearing impaired to read the real-time transcript
of the proceeding without difficulty.
(d) A sign shall be posted in a prominent place indicating the
availability of, and how to request, an assistive listening system
and a computer-aided transcription system. Notice of the availability
of the systems shall be posted with notice of trials.
(e) Each superior court shall have at least one portable assistive
listening system for use in any court facility within the county.
When not in use, the system shall be stored in a location determined
by the court.
(f) The Judicial Council shall develop and approve official forms
for notice of the availability of assistive listening systems and
computer-aided transcription systems for individuals who are hearing
impaired. The Judicial Council shall also develop and maintain a
system to record utilization by the courts of these assistive
listening systems and computer-aided transcription systems.
(g) If the individual who is hearing impaired is a juror, the jury
deliberation room shall be equipped with an assistive listening
system or a computer-aided transcription system upon the request of
the juror.
(h) A court reporter may be present in the jury deliberating room
during a jury deliberation if the services of a court reporter for
the purpose of operating a computer-aided transcription system are
required for a juror who is hearing impaired.
(i) In any of the proceedings referred to in subdivision (a), or
in any administrative hearing of a public agency, in which the
individual who is hearing impaired is a party, witness, attorney,
judicial employee, judge, juror, or other participant, and has
requested use of an assistive listening system or computer-aided
transcription system, the proceedings shall not commence until the
system is in place and functioning.
(j) As used in this section, "individual who is hearing impaired"
means an individual with a hearing loss, who, with sufficient
amplification or a computer-aided transcription system, is able to
fully participate in the proceeding.
(k) In no case shall this section be construed to prescribe a
lesser standard of accessibility or usability than that provided by
Title II of the Americans with Disabilities Act of 1990 (Public Law
101-336) and federal regulations adopted pursuant to that act.
54.9. (a) On and after January 1, 2009, a manufacturer or
distributor of touch-screen devices used for the purpose of
self-service check-in at a hotel or at a facility providing passenger
transportation services shall offer for availability touch-screen
self-service check-in devices that contain the necessary technology.
(b) For purposes of this section, "necessary technology" means
technology that enables a person with a visual impairment to do the
following:
(1) Enter any personal information necessary to process a
transaction in a manner that ensures the same degree of personal
privacy afforded to those without visual impairments.
(2) Use the device independently and without the assistance of
others in the same manner afforded to those without visual
impairments.
(c) For purposes of this section, "hotel" means any hotel, motel,
bed and breakfast inn, or other similar transient lodging
establishment, but it does not include any residential hotel as
defined in Section 50519 of the Health and Safety Code.
(d) This section shall not be construed to preclude or limit any
other existing right or remedy as it pertains to self-service
check-in devices and accessibility.
55. Any person who is aggrieved or potentially aggrieved by a
violation of Section 54 or 54.1 of this code, Chapter 7 (commencing
with Section 4450) of Division 5 of Title 1 of the Government Code,
or Part 5.5 (commencing with Section 19955) of Division 13 of the
Health and Safety Code may bring an action to enjoin the violation.
The prevailing party in the action shall be entitled to recover
reasonable attorney's fees.
55.1. In addition to any remedies available under the federal
Americans with Disabilities Act of 1990, Public Law 101-336 (42
U.S.C. Sec. 12102), or other provisions of law, the district
attorney, the city attorney, the Department of Rehabilitation acting
through the Attorney General, or the Attorney General may bring an
action to enjoin any violation of Section 54 or 54.1.
55.2. If a violation of Section 54, 54.1, 54.2, or 54.3 is alleged
or the application or construction of any of these sections is in
issue in any proceeding in the Supreme Court of California, a state
court of appeal, or the appellate division of a superior court, each
party shall serve a copy of the party's brief or petition and brief,
on the State Solicitor General at the Office of the Attorney General.
No brief may be accepted for filing unless the proof of service
shows service on the State Solicitor General. Any party failing to
comply with this requirement shall be given a reasonable opportunity
to cure the failure before the court imposes any sanction and, in
that instance, the court shall allow the Attorney General reasonable
additional time to file a brief in the matter.
55.3. (a) For purposes of this section, the following shall apply:
(1) "Complaint" means a civil complaint that is filed or is to be
filed with a court and is sent to or served upon a defendant on the
basis of one or more construction-related accessibility claims, as
defined in this section.
(2) "Demand for money" means a written document that is provided
to a building owner or tenant, or an agent or employee of a building
owner or tenant, that contains a request for money on the basis of
one or more construction-related accessibility claims, as defined in
paragraph (3).
(3) "Construction-related accessibility claim" means any claim of
a violation of any construction-related accessibility standard, as
defined by paragraph (6) of subdivision (a) of Section 55.52, with
respect to a place of public accommodation. "Construction-related
accessibility claim" does not include a claim of interference with
housing within the meaning of paragraph (2) of subdivision (b) of
Section 54.1, or any claim of interference caused by something other
than the construction-related accessibility condition of the
property, including, but not limited to, the conduct of any person.
(b) An attorney shall provide a written advisory with each demand
for money or complaint sent to or served by him or her upon a
defendant, in the form described in subdivision (c), and on a page or
pages that are separate and clearly distinguishable from the demand
for money or complaint, as follows:
IMPORTANT INFORMATION FOR BUILDING OWNERS AND TENANTS
This form is available in English, Spanish, Chinese, Vietnamese,
and Korean through the Judicial Council of California. Persons with
visual impairments can get assistance in viewing this form through
the Judicial Council Internet Web site at
https://www.courtinfo.ca.gov.
Existing law requires that you receive this information because
the demand for money or complaint you received with this document
claims that your building or property does not comply with one or
more existing construction-related accessibility laws or regulations
protecting the civil rights of persons with disabilities to access
public places.
YOU HAVE IMPORTANT LEGAL OBLIGATIONS. Compliance with disability
access laws is a serious and significant responsibility that applies
to all California building owners and tenants with buildings open for
business to the public. You may obtain information about your legal
obligations and how to comply with disability access laws through the
Division of the State Architect. Commencing September 1, 2009,
information will also be available from the California Commission on
Disability Access Internet Web site.
YOU HAVE IMPORTANT LEGAL RIGHTS. You are not required to pay any
money unless and until a court finds you liable. Moreover, RECEIPT OF
THIS ADVISORY DOES NOT NECESSARILY MEAN YOU WILL BE FOUND LIABLE FOR
ANYTHING.
You may wish to promptly consult an attorney experienced in this
area of the law to get helpful legal advice or representation in
responding to the demand for money or complaint you received. You may
contact the local bar association in your county for information on
available attorneys in your area. If you have insurance, you may also
wish to contact your insurance provider. You have the right to seek
assistance or advice about this demand for money or complaint from
any person of your choice, and no one may instruct you otherwise.
Your best interest may be served by seeking legal advice or
representation from an attorney.
If a complaint has been filed and served on you and your property
has been inspected by a Certified Access Specialist (CASp; see
www.dsa.dgs.ca.gov/casp), you may have the right to a court stay
(temporary stoppage) and early evaluation conference to evaluate the
merits of the construction-related accessibility claim against you
pursuant to Civil Code Section 55.54. At your option, you may be, but
need not be, represented by an attorney to file a reply and to file
an application for a court stay and early evaluation conference. If
you choose not to hire an attorney to represent you, you may obtain
additional information about how to represent yourself and how to
file a reply without hiring an attorney through the Judicial Council
Internet Web site at https://www.courtinfo.ca.gov/selfhelp/. You may
also obtain a form to file your reply to the lawsuit, as well as the
form and information for filing an application to request the court
stay and early evaluation conference at that same Web site.
If you choose to hire an attorney to represent you, the attorney
who sent you the demand for money or complaint is prohibited from
contacting you further unless your attorney has given the other
attorney permission to contact you. If the other attorney does try to
contact you, you should immediately notify your attorney.
(c) On or before July 1, 2009, the Judicial Council shall adopt a
form that may be used by attorneys to comply with the requirements of
subdivision (b). The form shall be in substantially the same format
and include all of the text set forth in subdivision (b). The form
shall be available in English, Spanish, Chinese, Vietnamese, and
Korean, and shall include a statement that the form is available in
additional languages, and the Judicial Council Internet Web site
address where the different versions of the form may be located. The
form shall include Internet Web site information for the Division of
the State Architect and, when operational, the California Commission
on Disability Access.
(d) Subdivision (b) shall apply only to a demand for money or
complaint made by an attorney. Nothing in this section is intended to
affect the right to file a civil complaint under any other law or
regulation protecting the physical access rights of persons with
disabilities. Additionally, nothing in this section requires a party
acting in propria persona to provide or send a demand for money to
another party before proceeding against that party with a civil
complaint.
(e) This section shall not apply to any action brought by the
Attorney General, or by any district attorney, city attorney, or
county counsel.
