top of page
Search

Pathways to Inclusion: The Role of Public Access Laws

  • Libby DeKorte
  • Aug 15
  • 5 min read
ree

Public Access Laws

Public access laws ensure people with disabilities can participate in our government and can access public property. These regulations ensure equal opportunity at both the state and local levels. They require reasonable accommodations to allow individuals with disabilities to access transportation, housing, voting facilities, institutions, and public spaces.


ADA vs. State Laws


ADA

The Americans with Disabilities Act (ADA) was passed by Congress and signed into law in 1990. According to ADA.gov, “The ADA prohibits discrimination on the basis of disability in employment, state and local government, public accommodations, commercial facilities, transportation, and telecommunications. It also applies to the United States Congress.”

I encourage you to read the Americans with Disabilities Act. I am including their first points from Section 12101, Findings and Purpose:

“The Congress finds that—

(1) physical or mental disabilities in no way diminish a person’s right to fully participate in all aspects of society, yet many people with physical or mental disabilities have been precluded from doing so because of discrimination; others who have a record of a disability or are regarded as having a disability also have been subjected to discrimination;

It is the purpose of this chapter—

(1) to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities


ADA Regulations

The regulations developed by the ADA explain the rights of the individuals with disabilities and the obligations of state/local governments (Title II) and “almost all types of businesses that serve the public” (Title III) to ensure full participation in civic life and all aspects of life.


ADA.gov states, “Title II covers all activities of State and local governments regardless of the government entity’s size or receipt of Federal funding. Title II requires that State and local governments give people with disabilities an equal opportunity to benefit from all of their programs, services, and activities (e.g. public education, employment, transportation, recreation, health care, social services, courts, voting, and town meetings).”


“Title III covers businesses and nonprofit service providers that are public accommodations, privately operated entities offering certain types of courses and examinations, privately operated transportation, and commercial facilities. Public accommodations are private entities who own, lease, lease to, or operate facilities such as restaurants, retail stores, hotels, movie theaters, private schools, convention centers, doctors’ offices, homeless shelters, transportation depots, zoos, funeral homes, day care centers, and recreation facilities including sports stadiums and fitness clubs. Transportation services provided by private entities are also covered by title III.”


State Laws


All states must follow ADA regulations. State laws further protect individuals with disabilities and can go beyond federal definitions and regulations. There may be state or local issues that are specific to the area, and are not covered under the ADA. California’s Fair Employment and Housing Act further protects its workers and residents. The California Disabled Persons Act prohibits discrimination and requires reasonable accommodations to be made for individuals with disabilities. California Civil Codes prohibit discrimination based on disability, thereby protecting disabled residents of California.


ADA vs. State Laws Regarding Service and Emotional Support Animals


According to Assistance Dogs International, “Americans With Disabilities Act (ADA) applies to Guide Dogs, Hearing Dogs, and Service Dogs.  The purpose (1) to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities; (2) to provide clear, strong, consistent, enforceable standards addressing discrimination against individuals with disabilities; (3) to ensure that the Federal Government plays a central role in enforcing the standards established in this Act on behalf of individuals with disabilities; and (4) to invoke the sweep of congressional authority, including the power to enforce the Fourteenth Amendment and to regulate commerce, in order to address the major areas of discrimination faced day-to-day by people with disabilities.”  FAQ about service animals and the ADA


Both federal and state laws permit individuals with disabilities the right to have assistance animals in their homes and public areas. Where the ADA has requirements for rental and sales offices, the California Fair Employment and Housing Act protects against housing discrimination. The ADA defines/limits species to “dogs and small horses,” while California state law includes different species of animals. California Civil Rights Department law requires a housing provider to allow emotional support animals to tenants or residents with a disability-related need “as a reasonable accommodation, unless the housing provider can show that an exception applies.” State laws also regulate animal protection, licensing fees, service dog in training policies, and driving laws. Emotional support animals and Fair Housing Law: CA Civil Rights Department


Myth: Disabilities only affect a small amount of the population.


Fact: In 2023, the World Health Organization stated, “an estimated 1.3 billion people experience significant disability. This represents 16% of the world’s population, or 1 in 6 of us.” The ADA states, “there is a wide variety of disabilities, and the ADA regulations do not list all of them. Some disabilities are visible and some are not. Some examples of disabilities include: cancer, diabetes, post-traumatic stress disorder, HIV, autism, cerebral palsy, deafness or hearing loss, blindness or low vision, epilepsy, mobility disabilities such as those requiring the use of a wheelchair, walker, or cane, intellectual disabilities, major depressive disorder, traumatic brain injury, and the ADA covers many other disabilities not listed here.” This means one out of six of us may face challenges accessing public spaces others take for granted and being able to participate in our government where we have the right to a voice and a vote.


Public access laws are vital to ensure people with disabilities thrive in our communities, participate in our government, and have access to public property.


Share your experience with us. Do you have lingering questions about accessing participation in our government or accessing public spaces with disabilities? This would include access to housing. Let me know in the comments.


Advocacy Resources

If you would like to learn more, continue reading the resources below and reach out for assistance:




DISABILITY RIGHTS IN HOUSING California Office of the Attorney General, Public Rights Division, Civil Rights Enforcement Section, Disability Rights Bureau 


Table of State Animal Assistance Laws Links to various state laws are included





References


Americans with Disabilities Act of 1990, As Amended. (n.d.). ADA.gov. https://www.ada.gov/law-and-regs/ada/



Frequently Asked Questions about Service Animals and the ADA. (2025, July 29). ADA.gov. https://www.ada.gov/resources/service-animals-faqs/


The Civil Rights Department. (2022). Emotional support animals and fair Housing law. https://calcivilrights.ca.gov/wp-content/uploads/sites/32/2022/12/Emotional-Support-Animals-and-Fair-Housing-Law-FAQ_ENG.pdf


Public Access Laws United States. (n.d.). Assistance Dogs International. https://assistancedogsinternational.org/resources/public-access-laws-united-states/


World Health Organization: WHO. (2023, March 7). Disability. https://www.who.int/news-room/fact-sheets/detail/disability-and-health

 
 
bottom of page