How to Sue in Small Claims Court if a Business or Landlord Discriminates Against You Because of Your Service Animal, Assistance Animal, or Emotional Support Animal

Why Use Small Claims Court to Sue for Discrimination?

If a private business or landlord discriminates against you because of your disability, you can sue them in federal court or state court or you can file an administrative claim with a federal or state agency. But, if your claim is for $10,000 or less, you can sue in small claims court yourself, without necessarily needing an attorney. The small claims process is quick and cheap. The rules are simple and informal. And, you don’t need a lawyer.

Which Laws Protect Me?

If a business open to the general public, like a restaurant, library, movie theater, hotel or medical office, discriminates against you because of your disability, you can sue them. A federal law called the American with Disabilities Act (ADA) protects you in every state of the U.S.A., as well as state laws and even local county and city municipal codes in some places.

What are the California laws?

There are three main California laws that protect you:

– Section 51 of the California Civil Code (the Unruh Civil Rights Act) protects you if a business treats you worse than it treats others without disabilities. Cal. Civ. Code § 51, et seq.

– Section 54.1 of the California Civil Code protects you if a business makes it hard for you to enter or get around a public area (like an inaccessible door or restroom). This section also protects you if a business stops you from using goods or services because of your disability. For example: not letting you use your service animal, or, does not give you the same service  other customers would get. This section also does not allow landlords and other housing providers to discriminate against you based on your disability. Cal. Civ. Code § 54.1 “

– The Fair Employment and Housing Act (FEHA), makes it unlawful for any housing owner to discriminate against or harass any person because of their race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, source of income, or disability.  Cal. Gov’t Code § 12955

You can sue a business or other organization open to the public, or a housing provider (or their employee) for breaking these laws.

What are the federal laws?

The ADA, specifically Title III, does not allow businesses open to the public (such as restaurants, hotels, grocery stores, retail stores, and privately owned transportation systems) to discriminate against you based on your disability. Title III of the ADA also requires that these businesses be accessible to people with disabilities. 42 U.S.C. §12182. Title II of the ADA has similar requirement for state and local government services and facilities.  42 U.S.C. §12131, et seq.

The Fair Housing Act (FHA) protects against discrimination in renting and buying a house.See 42 U.S.C. § 3604(f). The FHA states that discrimination includes a refusal to make reasonable accommodation to rules, practices or procedures when necessary to afford a person with a disability equal opportunity to use and enjoy the dwelling.42 U.S.C. § 3604(f)(3)(B). Similarly, the FHA requires landlords to permit reasonable modifications of the premises and of the rules (when needed to afford such equal opportunity to use and enjoy the dwelling). 42 U.S.C. § 3604(f)(3)(A)

What if a California business violates the Americans with Disabilities Act (ADA)?

California law allows you to sue for an ADA violation even though ADA is a federal law. Cal. Civil Code § 54.1. A business violates the ADA if it:

– does not give you equal and full use of its goods, services, facilities, and privileges; or – makes you use separate or different facilities (unless they do this to make sure you get the same goods and services as offered to others); or

– uses contractors or employees who discriminate against you because of your disability.

For more information on the ADA, visit the U.S. Department of Justice’s website dedicated to the ADA (www.ada.gov)

What does California law consider a “disability”?

California law protects people from discrimination due to an actual or perceived physical or mental impairment that makes achieving a major a life activity difficult.Cal. Gov’t Code § 12926(i) and (k). This includes physical and mental impairments, such as, but not limited to: chronic or episodic conditions such as HIV/AIDS, hepatitis, epilepsy, seizure disorder, diabetes, clinical depression, bipolar disorder, multiple sclerosis, and heart disease.

Is the business required to make an accommodation that I need because of my disability?

Maybe. The ADA says businesses may have to give you help, provide some device or technology, remove barriers, provide qualified sign language interpreters, or make a change in the way it operates so you can have equal access to its goods and services. But the law says these aids and adjustments must not be too expensive for the business based on the assets of the business and possibly the parent company. or change the basic nature of the business. 28 C.F.R. §36.104. However, such situations are likely rare. The business also may not have to provide reasonable accommodations if the person requesting the accommodation poses a direct threat to the health or safety of others that cannot be eliminated or reduced by providing reasonable accommodations. 42 U.S.C. § 12182(b)(2)(A)(ii) and (iii), Cal. Civ. Code § 51, et seq.

Can I sue any California business?

Yes. You can sue “any business establishment whatsoever.”Cal. Civil Code § 51(b). This means any business that is open to the public, including, for example: Restaurants, stores, theaters, ATM’s, gas stations – Hospitals, clinics, and doctors’ offices and lawyers’ offices – Planes, trains, buses, and cruise ships (airplanes have different laws that apply) – Private schools, adoption agencies, and businesses offering telephone, TDD and TTY connections – Health clubs, amusement parks or resorts. – Hotels, inn, motel, or other place of lodging (unless there are less than five rooms for rent and the owner lives there) You cannot sue businesses like purely private clubs or religious organizations.28 C.F.R. §36.104

However, just because a club has membership requirements, does not necessarily make it a private club under the law. Generally, to be exempt from the ADA the club has to be a non-profit, open only to members and their guests and cannot host public events, such as tournaments, community affairs or political fundraisers.

[Small Claims Guide]