Attorney General Lockyer Reaches Settlement with
Mill Valley to Enforce Disabled Access Laws
City Officials Agree to Two-Year Plan to Improve Enforcement of Laws
March 3, 2004
04-030
FOR IMMEDIATE RELEASE
(916) 324-5500
(SACRAMENTO) – Attorney General Bill Lockyer today announced his
office has reached an agreement with Mill Valley officials to improve
the city's enforcement of state disabled access laws and regulations.
"Local and state governments have the duty to enforce laws that
make public buildings and facilities accessible to everyone, including
the almost 6 million Californians with physical and mental disabilities,"
Lockyer said. "This agreement will ensure that public venues are
open to all, and that citizens who report violations will have their
complaints promptly investigated and resolved."
In the stipulated judgment
signed late Tuesday by Marin County Superior Court Judge John A.
Sutro Jr., Mill Valley officials agreed to a series of corrective
actions to improve the city's response to complaints regarding violations
of state disabled access laws. The laws require local governments
to ensure individuals with disabilities have full access to all
publicly-owned buildings and facilities, as well as privately-owned
properties open to the public. While city officials deny they failed
to enforce the state's access law, they agreed to cooperate in a
two-year aggressive enforcement program that will be overseen by
an independent monitor appointed by the Attorney General.
Under the settlement, Mill Valley agrees to a series of corrective
actions, including taking all necessary actions to correct within
six months violations confirmed by the Attorney General during an
investigation conducted by his office and, within 45 days, submitting
to the Attorney General a written plan for handling violations of
disabled laws in the future.
The city agreed the plan would require officials to complete investigations
into alleged violations within 30 days of receiving them, correct
identified problems within 90 days after the investigation is concluded,
keep the complainant informed of the progress of the investigation
and provide a letter to the complainant, detailing the final resolution
of the investigation. In cases involving unfounded complaints, the
city agreed to notify the complainant in writing, and include the
factual and legal basis for its finding. The city also agreed to
refer to the city attorney cases in which the owner of a privately-funded
facility fails to correct a violation.
In addition, the city will pay the Attorney General's office $15,000
for the cost of the investigation and up to $20,000 a year for two
years for an independent monitor, chosen by the Attorney General,
to oversee compliance with the agreement.
"This settlement with the City of Mill Valley saves public funds
that would have been spent on litigation," Lockyer said. "I am pleased
the city has agreed to move forward in such a productive way to
enforce the right of individuals with disabilities to enjoy the
full use of buildings, facilities and sites open to the public."
Filed in January against the Mill Valley City Council and the Mill
Valley Building Department and amended March 2 to add the City of
Mill Valley as a defendant, the complaint alleged city officials
had failed to properly investigate and timely resolve complaints
regarding access violations at various facilities, including public
sidewalks, restaurants, an ice cream parlor, service station, bank,
drug store and the Mill Valley community center, library and city
hall.
The complaint was the third filed by the Attorney General against
local government officials alleging failure to enforce state disabled
access laws. In November 2003, the Attorney General obtained a similar
judgment against the City of Del Mar, and in September 2003, against
Marin County. Under both settlements, local officials agreed to
take specific steps to improve the enforcement of state laws and
regulations regarding access by individuals with disabilities. Both
settlements also included the appointment of an independent monitor,
selected by the Attorney General, to ensure terms of the court agreements
are followed.
Lockyer has made enforcement of the state's disabled access laws
one of his top priorities. In 2003, he sponsored SB 262 by Sen.
Sheila Kuehl, D-Santa Monica, to increase penalties for private
property owners who continue to violate the law. Effective January
1, 2004, the law creates a process to help private building owners
obtain assistance from qualified experts on how to comply with disabled
access laws.
Enforced by the Attorney General, district attorneys, city attorneys
and county counsel, California law since 1970 requires public facilities
to be accessible to individuals with disabilities. A similar law
regarding privately-owned facilities open to the public was enacted
in 1971. The federal Americans with Disabilities Act, enacted in
1990, is enforced by federal authorities.
For more information about the rights of individuals with disabilities,
visit the Attorney General's Civil Rights Enforcement Section website
at http://www.ag.ca.gov/civilrights.
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