San Francisco, CA asked in Personal Injury for California

Q: I have a chronic illness ie:IBD and was denied access to use the restroom at Goodwill in Ca. What are my rights?

I carry a card from the ADA to be allowed to use the restroom and I presented it but was still denied

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2 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
Answered
  • Palm Desert, CA
  • Licensed in California

A: more info needed

report the incident to ADA office

William John Light
William John Light
Answered
  • Santa Ana, CA
  • Licensed in California

A: There is no "card from the ADA". The ADA a statutory enactment. It does not exist as an entity that issues cards.

With respect to your right to access, the ADA in general requires accommodation to disabled persons so that they may enjoy the use of facilities that are offered to able bodied persons. To not do so is a form of exclusion of the disabled and is, therefore, discriminatory in practice.

Businesses are allowed to restrict bathroom access to employees, unless there is a local ordinance to the contrary.

Here, the able bodied customers are not allowed access to employee bathrooms. To deny your access to the employee bathrooms is not discriminatory because able bodied persons are also denied use of employee bathrooms. For that reason, I do not believe that the ADA requires that a business give you access to restrooms to which it also does not allow able bodied customers to have access.

There are states that have passed Ally's Law, which does require access to employee bathrooms for persons with medical needs. https://en.wikipedia.org/wiki/Restroom_Access_Act California has not adopted Ally's law.

You may wish to file an ADA complaint as its regulations are complex and I may have missed something. https://www.ada.gov/filing_complaint.htm

You can also contact the California Commission on Disability Access (916) 319-9974 (https://ccda.ca.gov/#) or the Dept. of Fair Employment & Housing for further guidance. (https://www.dfeh.ca.gov/business-establishments/)

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