Law / United States / 
California
Unruh Civil Rights Act: full and equal services in business establishments, with a violation of the Americans with Disabilities Act also a violation
Cal. Civil Code sections 51 and 52
In force.
A disability discrimination rule binding private bodies.
- Instrument type
- an act of a legislature
- Obligation class
- Prohibition
What it requires
- The Act names no technical standard for a website or app; under section 51(f) a violation of the right of any individual under the federal Americans with Disabilities Act of 1990 is also a violation of section 51 (Civ. Code 51(f)).
- If you operate a business establishment, do not deny a person with a disability the full and equal accommodations, advantages, facilities, privileges or services of the establishment (Civ. Code 51(b)).
These lines are LexLint's reading of the law's text.
If you get it wrong
Private right of actionYes
Statutory damages
Section 52(a): for each and every offense, actual damages and any amount a jury or court determines up to three times actual damages, but in no case less than $4,000, plus attorney's fees. The $4,000 figure is a floor per offense.
- As of
- Currency
- USD
- Per person minimum
- 4,000
Who enforces it
Enforcement body
A person denied the rights sues under Civil Code section 52(a); the Attorney General, a district attorney, a city attorney or an aggrieved person may sue for preventive relief under section 52(c); an aggrieved person may file a verified complaint with the Civil Rights Department under section 52(f)
What this law does
Civil Code section 51(b), the Unruh Civil Rights Act, provides that all persons within the jurisdiction of the state are free and equal and, whatever their disability among other characteristics, are entitled to the full and equal accommodations, advantages, facilities, privileges or services in all business establishments of every kind whatsoever.
Section 51(f) provides that a violation of the right of any individual under the federal Americans with Disabilities Act of 1990 also constitutes a violation of section 51. Section 51(d) provides that the section does not require any construction, alteration, repair or modification of any new or existing establishment, facility, building, improvement or other structure beyond what other provisions of law require.
Section 52(a) makes whoever denies, aids or incites a denial of, or makes any discrimination or distinction contrary to, section 51 liable for each and every offense for actual damages, and any amount up to three times actual damages that a jury or court determines, but in no case less than $4,000, and for attorney's fees.
Section 52(c) lets the Attorney General, any district attorney or city attorney, or any person aggrieved by conduct of resistance to the full enjoyment of those rights bring a civil action for preventive relief. Section 52(f) lets a person aggrieved by a violation of section 51 also file a verified complaint with the Civil Rights Department.
When LexLint raises it
When your app profile says your app ships a consumer interface.
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