New Unruh Act (Civil Code) Case

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The Unruh Act

California plaintiffs alleging discrimination under the federal Americans with Disabilities Act (ADA; 42 U.S.C. § 12101 et seq.).can bring California actions under The Unruh Civil Rights act (Unruh Act; Civil Code, section 51). A plaintiff who proves discrimination under the Unruh Act can get tree times the actual damages and attorney fees. Last month, the California Supreme Court published a decision deciding two issues of statewide importance: (1) whether a school district is a "business establishment" for purposes of the Unruh Act when it provides educational services to a plaintiff; and (2) whether a school district can be sued under the Unruh Act where the alleged discriminatory conduct is actionable under the Americans with Disabilities Act. A video discussing the case is above and my summary of the case is below.

New Civil Code Decision  

Brennon B. v. Superior Court of Contra Costa County (2022) __ Cal.5th __ , 2022 WL 3096272: The California Supreme Court affirmed the Court of Appeal's denial of a writ petition seeking to overturn the trial court's order sustaining a demurrer, without leave to amend, to plaintiff's[1] cause of action[2] against defendant West Contra Costa Unified School District (the District) for violation of the Unruh Civil Rights Act (the Unruh Civil Rights Act; Civil Code, section 51), arising from plaintiff repeatedly being sexually assaulted in high school by other students and by a school-district staff member. Despite the fact that the parties had already settled, the California Supreme Court granted review to decide two issues of continued statewide importance. It concluded that (1) the school district was not a "business establishment" for purposes of the Unruh Civil Rights Act when it provided educational services to plaintiff; and (2) a school district cannot be sued under the Unruh Civil Rights Act where the alleged discriminatory conduct is actionable under the Americans with Disabilities Act (ADA; 42 U.S.C. § 12101 et seq.). Civil Code section 51(f) means that any violation of the ADA by a business establishment is also a violation of the Unruh Civil Rights Act. (August 4, 2022.)

[1] Plaintiff was a special-education high school student.

[2] Plaintiff also alleged other causes of action for negligence, negligent hiring and supervision, intentional infliction of emotional distress, and violation of the right to petition.

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Monty A. McIntyre, Esq.
California Case Summaries™
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