Attorney General Lockyer Reaches Settlement Regarding Access for Individuals with Disabilities
Marin County Agrees to Strict Enforcement of State Disabled Access Laws

September 15, 2003
03-111
FOR IMMEDIATE RELEASE
(916) 324-5500

(SACRAMENTO) – Attorney General Bill Lockyer today announced he has reached an agreement with Marin County over its failure to meet its mandatory duty to enforce state disabled access laws and regulations. Under the settlement, the Marin County Board of Supervisors and the Building and Safety Division of the Marin County Community Development Agency agreed to a series of corrective actions to improve enforcement and provide greater access for individuals with disabilities at all county buildings and facilities, and private businesses in the county.

"Almost 6 million Californians have some disability, yet we continue to see local governments violate the state's 34-year-old law requiring equal access," Lockyer said. "Under this agreement, my office will work closely with Marin County to ensure appropriate corrections and improvements are made so that no one is denied access to public property or private businesses."

In the complaint, filed in Marin County Superior Court today, the Attorney General alleged Marin County had failed to carry out the terms of a previous court settlement obtained in 1994 by the Attorney General's Office regarding disabled access violations at the Veterans Auditorium. That order also addressed allegations that the county failed to promptly investigate and resolve complaints about violations of the disabled access laws and regulations.

Under the stipulated judgment filed today, the county is required to implement a three-year, aggressive enforcement program that will be overseen by an independent monitor appointed by the Attorney General's Office to ensure the county's compliance. The Attorney General may take the county back to court if there is good cause to believe the county is violating the terms of the agreement.

The county agreed to, within six months, take all action necessary to correct violations of the state disabled access laws and regulations alleged in the complaint. The county agreed to pay the Attorney General's office $40,000 for the cost of the investigation, and pay up to $50,000 a year for three years for the cost of an independent monitor. The Attorney General also is authorized to extend the enforcement and compliance program for more than three years if he believes there is good cause.

The county agreed to develop and submit to the Attorney General, within 120 days, a written procedure for processing and resolving disabled access complaints lodged with the county. The written procedures shall include requirements that the county:

• Complete investigations of such complaints within 30 days of receiving them;


• Correct problems identified from an investigation within 90 days after the investigation is concluded;


• Inform the complainant of the progress made and provide a letter detailing the final resolution of the complaint. If the county finds the complaint is unfounded, it must include in the letter the factual and legal basis for its determination;


• Refer to county counsel cases in which the owner of a privately-funded public facility fails to correct a violation.