California Disabled Persons Act

California Disabled Persons Act
Name	California Disabled Persons Act
Enacted by	California State Legislature
Enacted	1977
Status	current

California Disabled Persons Act

The California Disabled Persons Act is a state statute enacted to protect the civil rights and access of persons with physical and mental disabilities in California. It establishes specific duties for private and public entities to provide access to facilities and accommodations, complements federal laws such as the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973, and has influenced litigation in state courts including the Supreme Court of California and various United States Court of Appeals for the Ninth Circuit decisions. The Act interacts with California institutions such as the California Department of Rehabilitation, the California Attorney General's civil rights enforcement efforts, and local entities including city governments like Los Angeles, San Francisco, and San Diego.

Overview

The Act creates civil remedies against discrimination based on disability and mandates access to public accommodations, business establishments, and housing run by entities such as the California Department of Housing and Community Development, private employers like Kaiser Permanente, and non-profits including United Way of California. It operates alongside federal statutes including the Fair Housing Act and regulatory regimes from agencies such as the Department of Justice (United States), the Equal Employment Opportunity Commission, and the Department of Housing and Urban Development. The statute affects infrastructure projects overseen by agencies like the California Department of Transportation and municipal authorities such as the Metropolitan Transportation Authority (Los Angeles County).

History and Legislative Background

Drafted amid the disability rights movement of the 1970s, the Act followed advocacy by groups like the National Federation of the Blind, the American Association of People with Disabilities, and the Independent Living Movement. Legislative sponsors in the California State Assembly and California State Senate collaborated with legal scholars from institutions such as UC Berkeley School of Law and Stanford Law School. The law’s enactment paralleled developments including the Rehabilitation Act of 1973 and prefigured the Americans with Disabilities Act of 1990. Amendments and enforcement initiatives have involved offices such as the California Office of Legislative Counsel and enforcement actors like the Los Angeles County Counsel and district attorneys in counties including Alameda County and Santa Clara County.

Provisions and Rights Established

Key provisions define unlawful discrimination by entities such as restaurants in San Diego County, hotels in Orange County, and retailers operating in Sacramento; create access obligations for public transit providers like Bay Area Rapid Transit and municipal building owners; and require reasonable modifications in housing administered by agencies like the California Housing Finance Agency. The Act grants remedies analogous to those under the Unruh Civil Rights Act and interacts with standards from organizations such as the American National Standards Institute and the former Architectural and Transportation Barriers Compliance Board. It establishes private right of action for plaintiffs represented by legal services groups such as the Public Interest Law Project and the Legal Aid Society of San Francisco.

Enforcement and Remedies

Enforcement occurs through civil litigation in state trial courts including the Los Angeles County Superior Court and appellate review in courts like the California Courts of Appeal. Remedies include injunctive relief, declaratory judgments, and damages pursued by individual plaintiffs or organizations such as the ACLU of Northern California and the Disability Rights California advocacy group. The California Attorney General has authority to bring enforcement actions, as have local prosecutors and private attorneys general under mechanisms similar to those used in cases brought by the Santa Monica City Attorney and municipal advocates in Pasadena.

Key Court Cases and Legal Interpretations

Judicial interpretations by the Supreme Court of California and the Ninth Circuit have clarified standing, scope of access obligations, and the relationship between state and federal remedies. Landmark litigation has involved parties including corporate defendants like Walmart, hospitality defendants such as Marriott International, and local agencies including Caltrans. Courts have engaged precedent from federal cases decided by judges appointed by presidents such as Richard Nixon, Ronald Reagan, Bill Clinton, and Barack Obama while considering state constitutional provisions and statutory construction informed by law schools including USC Gould School of Law and McGeorge School of Law.

Impact and Criticism

The Act has driven modifications to public spaces in cities like Oakland, Long Beach, and Fresno and influenced accessibility retrofit programs funded by the California Infrastructure and Economic Development Bank and local bond measures in jurisdictions such as San Jose. Critics include business coalitions like the California Chamber of Commerce and trade associations representing hospitality and retail sectors who argue about litigation costs, while advocates such as Mobility International USA emphasize civil rights gains. Policy debates have involved actors like the California Legislative Analyst's Office, statewide disability organizations including the California Foundation for Independent Living Centers, and municipal stakeholders in Irvine and Burbank.

Category:California statutes Category:Disability law in the United States Category:1977 in California