American with Disabilities Act

The building department of every city, county, or city and county is required to enforce the laws as to access by persons with disabilities to buildings within its jurisdiction.1 Any unauthorized deviation from the regulations or building standards governing access by persons with disabilities to publicly funded structures must be rectified by full compliance within 90 days after discovery of the deviation.2 Any person who is aggrieved or potentially aggrieved by a violation of any of the statutes governing access to structures by persons with disabilities may bring an action to enjoin the violation.3 The prevailing party in the action is entitled to recover reasonable attorney's fees.4 Furthermore, the district attorney, the city attorney, the county counsel if the district attorney does not bring an action, the Department of Rehabilitation acting through the attorney general, or the attorney general may bring an action to enjoin any violation of the requirements as to access by persons with disabilities.5 Observation: California's Health and Safety Code does not require the plaintiff with disabilities to establish that they were individually denied access to the public accommodation; rather, it allows the plaintiff to enforce compliance, by injunctive relief.6 However, the statutes governing building standards for access by persons with disabilities do not support a private right of action for damages.7 To establish damages, the individual must take the additional step of establishing that the individual was denied equal access on a particular occasion under the Unruh Act.8 Westlaw. © 2026 Thomson Reuters. No Claim to Orig. U.S. Govt. Works. Footnotes 1 Health & Saf. Code, § 19958. 2 Gov. Code, § 4452. 3 Health & Saf. Code, § 19953. As to injunctions, generally, see Cal. Jur. 3d, Injunctions §§ 1 to 141. 4 Health & Saf. Code, § 19953. 5 Health & Saf. Code, §§ 19954, 19958.5; Gov. Code, § 4458. 6 Moore v. Dollar Tree Stores Inc., 85 F. Supp. 3d 1176 (E.D. Cal. 2015). 7 Donald v. Cafe Royale, Inc., 218 Cal. App. 3d 168, 266 Cal. Rptr. 804 (1st Dist. 1990). 8 Donald v. Cafe Royale, Inc., 218 Cal. App. 3d 168, 266 Cal. Rptr. 804 (1st Dist. 1990). As to the recovery of damages under the Unruh Act for discrimination against persons with disabilities in public accommodations, see Cal. Jur. 3d, Civil Rights § 26.

Individuals with disabilities are entitled to the same full and equal access as are other members of the general public to the accommodations, facilities, and privileges of all common carriers, airplanes, motor vehicles, railroad trains, motor buses, streetcars, boats, or any other public conveyances or modes of transportation.1 Observation: The statutory protections for persons with disabilities are intended to secure, to disabled persons, the right as the general public to the full and free use of facilities open to the public, but they do not entitle a disabled individual to greater access than the public at large.2 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, without being required to pay an extra charge or security deposit for the guide dog, signal dog, or service dog; however, the individual may be liable for any damage done to the premises or facilities by the dog.3 Additionally, subject to liability for provable damage, visually impaired or blind persons, deaf or hard of hearing persons, and other individuals with a disability; persons licensed to train guide dogs; and persons authorized to train signal dogs or service dogs may take dogs, for the purpose of training them, on common carriers or other public conveyances or modes of transportation; the dog must be on a leash and properly tagged.4 Any interference with the exercise of specified rights to be accompanied by a dog is a crime punishable as a misdemeanor.5 The rights so protected by the penal provision include the right of a blind, deaf, or disabled person who is a passenger on a common carrier, or other public conveyance or mode of transportation, to have with him or her a specially trained guide dog, signal dog, or service dog.6 While such persons may be liable for any provable damage done to the premises or facilities by their dog, the exercise of the right to be accompanied by a dog may not be conditioned upon the payment of any extra charge.7 The penal provision also applies to the right of specified persons to be accompanied by such dogs for the purpose of training, provided the dog is on a leash and is properly tagged.8 Westlaw. © 2026 Thomson Reuters. No Claim to Orig. U.S. Govt. Works. Footnotes 1 Civ. Code, § 54.1, subd. (a). For full discussion of this state's protections against discrimination in public accommodations related to disabilities, see Cal. Jur. 3d, Civil Rights §§ 78 to 89; as to protections afforded persons with disabilities by federal law, see Cal. Jur. 3d, Civil Rights §§ 90 to 95. 2 Turner v. Association of American Medical Colleges, 167 Cal. App. 4th 1401, 85 Cal. Rptr. 3d 94, 237 Ed. Law Rep. 814 (1st Dist. 2008), as modified on denial of reh'g, (Nov. 25, 2008). 3 Civ. Code, § 54.2, subd. (a). 4 Civ. Code, § 54.1, subd. (c). 5 Pen. Code, § 365.5, subd. (c). 6 Pen. Code, § 365.5, subd. (a). 7 Pen. Code, § 365.5, subd. (h). 8 Pen. Code, § 365.5, subd. (i).