3070. Disability Discrimination Barriers To Public Facility CRASA Essential Factual Elements

3070. Disability Discrimination--Access Barriers to Public Facility-- Construction-Related Accessibility Standards Act--Essential Factual Elements (Civ. Code, §§ 54.3, 55.56) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of defendant] is the owner of [a/an] [e.g., restaurant] named [name of business] that is open to the public. [Name of plaintiff] is a disabled person who [specify disability that creates accessibility problems]. [Name of plaintiff] claims that [he/she] was denied full and equal access to [name of defendant]'s business on a particular occasion because of physical barriers. To establish this claim, [name of plaintiff] must prove both of the following: 1. That [name of defendant]'s business had barriers that violated construction-related accessibility standards in that [specify barriers]; and [either] [That [name of plaintiff] personally encountered the violation on a particular occasion.] [or] [That [name of plaintiff] was deterred from accessing [name of defendant]'s business on a particular occasion.] A violation that [name of plaintiff] personally encountered may be sufficient to cause a denial of full and equal access if [he/she] experienced difficulty, discomfort, or embarrassment because of the violation. [To prove that [name of plaintiff] was deterred from accessing [name of defendant]'s business on a particular occasion, [he/she] must prove both of the following: 2. 3070. Disability Discrimination--Access Barriers to Public Facility-- Construction-Related Accessibility Standards Act--Essential Factual Elements (Civ. Code, §§ 54.3, 55.56) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 1. That [name of plaintiff] had actual knowledge of one or more violations that prevented or reasonably dissuaded [him/her] from accessing [name of defendant]'s business, which [name of plaintiff] intended to patronize on a particular occasion. That the violation(s) would have actually denied [name of plaintiff] full and equal access if [he/she] had tried to patronize [name of defendant]'s business on that particular occasion.] 2. ________________________________________________________________________________ New December 2014; Revised December 2016