Donald v. Sacramento Valley Bank

• Citation: 260 Cal.Rptr. 49,209 Cal.App.3d 1183
• Parties: James DONALD, Plaintiff and Appellant, v. SACRAMENTO VALLEY BANK et al., Defendants and Respondents. Civ. C000872.
• Decision Date: 09 January 1989
• Court: California Court of Appeals

Page 49

260 Cal.Rptr. 49

209 Cal.App.3d 1183

James DONALD, Plaintiff and Appellant, v. SACRAMENTO VALLEY BANK et al., Defendants and Respondents.

Civ. C000872.

Court of Appeal, Third District, California.

Jan. 9, 1989.

Paul Rein, Oakland, Bryce Anderson, Concord, for plaintiff and appellant.

David Anderson, Sacramento, for defendants and respondents.

Beverly Tucker, Sacramento, State Atty. Generals Office, Arlene Mayerson, Berkeley, amicus curiae.

CARR, Associate Justice.

In this appeal, we determine that Sacramento First National Bank and its predecessor Sacramento Valley Bank were and are required to provide wheelchair access to the ATM located at its banking facility in Sacramento.

Plaintiff James Donald appeals from summary judgments entered in favor of defendants Sacramento Valley Bank and Sacramento First National Bank. Plaintiff filed a complaint for damages and injunctive relief, alleging the banks violated handicap access laws (Health & Saf.Code, § 19955 et seq.; Gov.Code, § 4450 et seq.) and discriminated against him in violation of the Unruh Civil Rights Act by failing to provide wheelchair access to an automatic teller machine (ATM) (Civ.Code, § 54 et seq.). The trial court found defendants could not be liable for violating handicap access laws as there was no specific regulation requiring ATM accessibility. The court also held defendants could not be liable for civil rights violations in the absence of a violation of the structural regulations. Plaintiff contends the trial court misinterpreted the applicable statutes and regulations. We agree and shall reverse the summary judgments.

FACTUAL AND PROCEDURAL BACKGROUND

The facts of this case are largely undisputed. Plaintiff is a quadriplegic confined to a wheelchair. In February 1985, he filed a complaint for damages and injunctive relief against Park Executive Building and its owners, Prudential Insurance Company and PIC Realty, and their tenants, Sacramento Valley Bank ¹ and others, alleging they had willfully failed to comply with handicap access laws pursuant to Health and Safety Code section 19955 et seq., and discriminated against him on the basis of his handicap in violation of Civil Code section 54.1. The complaint was framed in three causes of action. In the first cause of action, plaintiff alleged the owners and tenants failed to provide access to the building and related facilities in violation of Health and Safety Code sections 19955 and 19956, which incorporate by reference Government Code section 4450 et seq. The applicable sections of the Government Code require wheelchair access in conformance with specifications prescribed in the American Standards Association's specifications adopted in 1961 (hereinafter ASA standards). Plaintiff alleged the building, which was constructed after July 1, 1970, the effective date of Health and Safety Code section 19955 et seq., did not comply with the statutes and ASA standards. In his second cause of action, plaintiff alleged the owners and tenants unlawfully discriminated against him on the basis of his handicap in violation of Civil Code section 54 et seq., which provides that handicapped persons are entitled to full and equal access to all public facilities. In the third cause of action, plaintiff sought injunctive relief to force the owners and tenants to provide access to the building and related facilities.

Park Executive Building, Prudential Insurance Company and PIC Realty, the building owners, were dismissed from the case after they agreed to construct a wheelchair ramp to the main entrance to the building and did so construct the ramp.

Plaintiff continued his suit against Sacramento Valley Bank, alleging it violated the law in refusing to provide access to its ATM machine. The ATM machine was installed in 1975 on the side entrance of the building by a prior tenant, American Bank. At that time, the entrance was accessible to the building from the street only by a set of steps. The owners of the building authorized the construction of a step-up platform for the ATM. Sacramento Valley Bank leased the premises in 1981 and took over the ATM machine. In 1982, a new ATM computer was installed without modification In 1985, Sacramento Valley Bank merged with the present tenant, Sacramento First National Bank. In July 1986, after the wheelchair ramp to the main entrance was completed, plaintiff opened an account with Sacramento First National Bank. He received an ATM card.

to the platform or to the steps leading to the sidewalk.

Plaintiff served Sacramento First National Bank as a defendant and continued his suit against the two banks (hereinafter collectively designated defendants), urging they violated the statutory schemes and unlawfully discriminated against him because of his physical handicap by failing to provide access to the ATM.

Sacramento Valley Bank filed its motion for summary judgment, alleging in its statement of undisputed facts, which plaintiff did not oppose, that the building was constructed in 1972, the ATM was installed in 1975 by American Bank, and the ATM computer was replaced in 1982 by Sacramento Valley Bank without modification to the steps or platform. Noting the handicap access laws required compliance with regulations in effect at the time a facility was built, the bank contended it was entitled to summary judgment on the first cause of action as the 1975 regulations and incorporated ASA standards did not require ATM accessibility. ² Sacramento Valley Bank argued it was also entitled to summary judgment on the second and third causes of action on the basis that it could not be liable under the civil rights statutes (Civ.Code, § 54 et seq.) as the ATM was not a "public accommodation or facility" subject to the statutes and that, in any event, the civil rights statutes did not authorize an independent cause of action absent a violation of a structural regulation. Alternatively the bank asserted it could not be liable under any theory as plaintiff lacked standing to sue the bank because he was never a depositor or a customer and the bank had no responsibility for areas of the building external to its leasehold.

In opposing the motion, plaintiff contended the statutory scheme of the handicap access laws and the civil rights statutes required that all facilities be accessible to the handicapped. Urging the ATM was a "public facility" to which both the handicap access and civil rights laws applied, plaintiff asserted the lack of a specific regulation governing ATMs did not negate any duty to make ATMs accessible to the handicapped. Plaintiff further alleged Sacramento Valley Bank was estopped to assert he lacked standing to sue since "illegal barriers to access" during the period of time the bank was a tenant in the building had prevented plaintiff from entering the bank to apply for an account. In support thereof plaintiff filed an affidavit stating he had been unable to enter the building until the spring of 1986, after which Sacramento Valley Bank was no longer a tenant.

After the trial court indicated it was inclined to grant the bank's motion because the applicable regulations did not mention ATMs, plaintiff contended the ASA standards governing accessibility of walkways leading to public facilities applied to the ATM because the ATM was a public facility. ³ The bank's position was that the ATM was not a public facility to which the statutes and regulations applied.

The trial court found the ATM was a "public facility" within the meaning of the statutes but that the regulations concerning walkways were inapplicable. It concluded Sacramento Valley Bank had not violated the handicap access statutes because, at the time the ATM was installed, there was no separate architectural regulation or standard requiring ATM accessibility. Citing Marsh v. Edwards Theatres Circuit, Inc. (1976) 64 Cal.App.3d 881, 134 Following the order, defendant Sacramento First National Bank filed its motion for summary judgment on the ground it could not be liable since the ATM remained unchanged after being acquired from Sacramento Valley Bank. Utilizing the same reasoning, the trial court granted the motion. This appeal followed.

                Cal.Rptr. 844, the court concluded the bank could not be liable for any civil rights violation absent a violation of a structural improvement regulation. 4  Without expressly deciding whether plaintiff had standing to sue Sacramento Valley Bank, the court granted the motion for summary judgment
                

DISCUSSION

On appeal, plaintiff contends the trial court erred in granting both summary judgment motions as it erroneously concluded the handicap access laws and applicable ASA standards did not require ATM accessibility. Plaintiff also contends the court misinterpreted the Marsh case by finding Civil Code section 54.1 could not provide an independent cause of action absent a finding of a violation of a structural improvement regulation.

Two briefs have been filed on behalf of plaintiff by Amici Curiae Disability Rights Education and Defense Fund, Inc. and the Attorney General. Amici contend the clear language of the handicap access statutes require ATM accessibility despite the fact the regulations do not mention ATMs. ⁵ Amici assert this interpretation is consistent with legislative intent and that the regulations cannot operate to narrow the scope of the statutory scheme.

Defendants contend the trial court properly found the banks did not violate the handicap access laws in the absence of a separate regulation specifying a requirement of ATM accessibility. From this, the banks conclude they cannot be liable for civil rights violations and the summary judgments were properly granted. Alternatively, defendants reiterate the arguments that (1) the ATM is not a public facility; (2) the banks are not responsible for areas outside their leasehold; and (3) plaintiff lacks standing to sue Sacramento Valley Bank.

We find the absence of any reference to...