Part 5.3. Access To Places Of Public Amusement And Resort By Physically Handicapped Persons of California Health And Safety Code >> Division 13. >> Part 5.3.
(a) Any person, or public or private firm, organization, or
corporation, who owns or manages places of public amusement and
resort including theaters, concert halls, and stadiums shall provide
seating or accommodations for physically disabled persons in a
variety of locations within the facility, to the extent that this
variety can be provided while meeting fire and panic safety
requirements of the State Fire Marshal, so as to provide these
persons a choice of admission prices otherwise available to members
of the general public.
(b) Readily removable seats may be installed in wheelchair spaces
when the spaces are not required to accommodate wheelchair users.
(c) The requirements of this section shall apply with respect to
publicly and privately owned facilities or structures for the
purposes specified in subdivision (a) for which a building permit or
a building plan for new construction has been issued on or after
January 1, 1985.
(d) In no case shall this section be construed to prescribe a
lesser standard of accessibility or usability than provided by the
Accessibility Guidelines prepared by the federal Access Board and
adopted by the United States Department of Justice to implement the
Americans with Disabilities Act of 1990 (Public Law 101-336).
(a) A person, private firm, organization, or corporation
that owns or manages a commercial place of public amusement shall
install and maintain at least one adult changing station for persons
with a physical disability that is accessible to both men and women
when the facility is open to the public, if either of the following
occur:
(1) The commercial place of public amusement is newly constructed
on or after January 1, 2020.
(2) (A) When an existing commercial place of public amusement is
renovated on or after January 1, 2025, and requires a permit or the
estimated cost of the renovation is ten thousand dollars ($10,000) or
more.
(B) A commercial place of public amusement with an enclosed
restroom facility or other similar private facility with an adult
changing table in use before January 1, 2025, shall be deemed to
comply with this paragraph.
(b) A facility shall ensure that the entrance to each adult
changing station has conspicuous signage indicating the location of
the station, and, if the facility has a central directory, shall
ensure that the central directory indicates the location of the adult
changing station.
(c) For purposes of this section, all of the following definitions
shall apply:
(1) "Commercial place of public amusement" means an auditorium,
convention center, cultural complex, exhibition hall, permanent
amusement park, sports arena, or theater or movie house for which the
maximum occupancy is determined to be 2,500 or more people.
"Commercial place of public amusement" does not include any public or
private higher education facility or district agricultural
association.
(2) "Adult changing station" means an adult changing table placed
within an enclosed restroom facility or other similar private
facility that is for use by persons with physical disabilities who
need help with diapering.
(3) "Physical disability" means a mental or physical disability,
as described in Section 12926 of the Government Code.
Any person who is aggrieved or potentially aggrieved by a
violation of this part, 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.
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 this part.
If a violation of Section 19952, 19953, or 19954 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.