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The Law Office of Hakimi & Shahriari
15760 Ventura Blvd., Suite 650
Encino, California 91436
Toll-Free: (888) 635 - 2250
(888) 635 - 2250
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california disability access laws
In order to help businesses make their places accessible without too much burden or expense the law allows the “readily achievable” standard to be met if the modifications are “easily accomplishable” and be can done “without much difficulty or expense”.
“Readily Achievable”
All businesses open to the public must comply with the ADA. Businesses which were in operation before the ADA was enacted must remove architectural barriers if the removal is “readily achievable.”
The Law Office of Hakimi & Shahriari are strong advocates for the disabled. We are actively and aggressively prosecuting cases of disability discrimination. While we understand and respect the needs of business owners, we also understand the predicament of disabled people who face challenges on a daily basis. Even though the law does have some flexibility and the expense for removal of physical barriers may not very great in many instances, businesses too often fail to comply with the ADA or California’s Unruh Act. In order to provide some small incentive for businesses to comply, some states like California have passed laws like the Unruh Act, which entitles disabled Plaintiff’s to recover $4,000 for each instance they encounter the violations, plus attorney fees and costs of litigation.
Our law firm is a supporter of disabled people. We champion the cause of disabled people because it is a just fight, and much fighting is still needed. Many businesses make it impossible for disabled people to physically gain entry inside the building, let alone enjoy what the business has to offer.
If you or a loved one is being discriminated against on the basis of your disability, please feel free to call us for help. We want to bring down barriers and ensure that businesses have policies and procedures which also accommodate the disabled. Recent legislation and changes in the law ensure equal access for the disabled.
If your rights have been violated, you may be entitled to compensation and remedies to the barriers which prevent you from having equal access to businesses open to the general public.
Our law firm does not take any fees unless we win for you. If you need a free consultation, or just have some questions, please feel free to call our law firm. As a disabled person you have the right to enjoy the areas other people do, and we can help you understand your rights. We may even be able to help you bring down some barriers and change some minds.
California’s Disability Access Statutes - California Disability Attorneys
In addition to the Federal Americans with Disabilities Act, California has its own laws protecting disabled people from public access discrimination. Under California law most businesses that are open to the public are also required to provide full and equal access to their facilities to persons with disabilities. In California, businesses must comply with three different statutes:
The Unruh Act (Cal. Civ. Code § 51 et seq.)
The Disabled Persons Act (Cal. Civ. Code § 54 et seq.)
Restaurants, stores, hotels and most businesses open to the public must comply with California disability access and non-discrimination laws also. Here are some examples where the barriers to access may violate the ADA or California disability access laws because the barriers cause discomfort, difficulty, danger or embarrassment to disabled persons.
- Failure to provide disabled access parking spaces. These spaces may have to accommodate vans and have proper signage and be clearly marked.
- Wheelchair ramps are not there or are unmarked.
- Ramps have too steep incline posing a danger to wheelchairs.
- Improper international signage notifying patrons of disabled access.
- Disabled access seating is not provided.
- Lack of access isles between seating areas, parking areas and customer shopping areas.
- Lack of hot water protections in bathroom.
- Lack of safety grab bars in toilet or bath area.
- Controls or devices placed too high to reach.
- Transaction counters too high or in accessible to reach.
- Doors are hard to open or have entry ways that have a barrier on the floor which stop wheelchairs.
It is in all our interest to make sure public spaces remain open to the public, all the public.
“Readily Accessible”
The ADA strikes a balance between making places open to disabled people while being understanding of the business owner’s situation. The ADA requires that new construction be “readily accessible”, meaning the construction meets the basic access requirements so that disabled people can gain entry and use places open to the public. A place is “readily accessible” if it is in compliance with either the 1991 or the 2010 ADA Standards for Accessible Design. Design should not make entry or use of the facility to hard for disabled people. These exact requirements must be met if the construction is new. However, if the construction is not new the establishment must still be made minimally accessible for disabled persons if the modifications are “readily achievable”.