Newest articles on The Sacramento Press tagged as "ada"

Ask the County Law Librarian - Dogs in Public Places

2011-09-22T23:08:19Z

Q. I have been seeing an increasing number of people who take their dogs everywhere: cafes, restaurants, flights, bookstores, libraries. At first I thought only service dogs were allowed in these types of situations, but most of the dogs have nothing that identifies them as service animals, and some of them look too small to be of any help to the owners! Is this legal in California?
-Mason

A. As with many other legal questions, the answer to this question is “it depends.” The laws and regulations regarding dogs in public places vary based on many factors, including federal and state laws and regulations, local ordinances, the businesses’ policies, and the dogs (and owners!) themselves.

If the dog is indeed a service or assistance animal, then the Americans with Disabilities Act (ADA) and California Civil Code Section 54.2 guarantees disabled owners and their dogs access to public places such as restaurants, stores, movie theaters, and libraries. Contrary to popular belief, service dogs are not required to wear any identifying equipment or tags, nor are their owners required to carry documentation of their status. In the same vein, owners or employees of public places are prohibited from inquiring about the owner’s disability or the dog’s training. If the dog’s purpose is not obvious, they are allowed to ask a) if the animal is required because of a disability and b) what tasks it is trained to perform. (28 C.F.R. § 36.302.) A public accommodation’s requirement to accept service animals is enforced by the Department of Justice. For information on this issue, go to http://www.ada.gov/service_animals_2010.htm.

It’s not unheard of for people to take advantage of the above laws by claiming their dogs as service animals. Many businesses prefer to avoid confrontations or legal issues that might come with an inquiry and will look the other way if the occasional Yorkshire terrier or teacup Chihuahua accompanies its owner into the establishment; some businesses may be dog-friendly. If the dog is not a service animal, then other state laws and regulations, as well as local ordinances, come into play. For example, many state health codes have laws that prohibit animals from being in food service establishments due to possible contamination and public hygiene, and local ordinances have the authority to restrict animals from such places even if state law does not. It’s best to check both the state code and your local county and city codes for any such prohibitions. You can find these resources at your local public law library or on the Internet. To find the law library nearest you, go to www.publiclawlibrary.org.

In other places, like theaters, malls, or small businesses, the issue is often dependent on the company’s policy or the owner’s personal preference. Before you visit an establishment, contact the owner to ask if they allow dogs (on a leash, of course). Websites like www.dogfriendly.com allow dog owners to scout out places that accept dogs, although keep in mind that some jurisdictions have enacted breed-specific laws. For more information on this topic and other dog-law issues, we suggest Every Dog’s Legal Guide: A Must-Have Book For Your Owner, published by Nolo Press. If you live in California, another helpful resource is Nolo’s Guide to California Law, specifically the chapter on dogs (pg. 171).

Do you have a question for the County Law Librarian? Just email sacpress@saclaw.org. If your question is selected your answer will appear in next Thursday's column. Even if your question isn't selected, though, I will still respond within two weeks.

Coral Henning, Director
@coralh & @saclawlibrarian

www.saclaw.org

Protesters shut down L Street

2010-08-18T23:59:44Z

About 20 protesters – many of whom were in wheelchairs – were arrested Wednesday afternoon after blocking L Street in front of the Capitol to protest cuts to in-home care services in the state budget.

“Those services provide the means for people to live independently and stay out of nursing homes,” said Peni Hall, who came from Berkeley to participate in the protest but who left the street before officers started making arrests.

About 40 police and CHP officers arrived at the protest, said Sgt. Norm Leong, spokesman for the Sacramento Police Department.

“We were notified of an improvised protest in the middle of L Street,” Leong said, adding that he believed the group had a permit to protest at the Capitol.

Leong said officers asked the protestors to move, and when they didn’t, they were arrested.

At press time, the 20 protesters were being processed, which Leong said would result in their being cited and released or jailed.

The fact that many were in wheelchairs hindered the process, he said.

Leong did not know exactly how long the protest went on, but he said it had been at least a couple of hours.

Officers reopened L Street at 4:15 p.m.

Hall, who sat in her motorized wheelchair with a sign reading, “Cuts Kill,” said the services currently on the chopping block include in-home care providers.

In-home care providers are instrumental in helping disabled – many of whom are elderly – live in their homes by assisting them with getting out of bed and into their wheelchairs and doing household chores throughout the day, Hall said.

“An institution costs three to five times as much as in-home care,” she said, adding that many disabled people can’t afford that, and must live with family.

Connie Barker is an in-home care provider in San Rafael, and she said it is not just her livelihood at stake, but in many cases, “the very lives of the people I care for.”

Barker said she cares for three people, and they have become friends to her.

“The whole argument behind (the cuts) is really just a travesty,” Barker said. “They say it will save money, but it’s just not true...It’s penny-wise and pound-stupid.”

Barker said the short-term cuts will lead to long-term problems.

“A lot of these people can live on their own for a week, a month, maybe a year,” Barker said, “but after that, they’ll be worse off, and possibly very sick.”

Both Leong and Hall said the protesters intended to be arrested.

“It’s the only way to get the message out,” Hall said.

Brandon Darnell is a staff reporter for The Sacramento Press.

I can has cheezburger? Squeeze Inn holds grand reopening

2010-03-12T03:28:28Z

Loosen your belts. Sacramento's most famous burger place, The Squeeze Inn, held its grand reopening celebration Thursday morning.

The celebration featured guest appearances by Mayor Kevin Johnson, City Councilman Kevin McCarty and County Supervisor Don Nottoli as well as music, speeches, a raffle and a burger-eating contest. Several hundred people shuffled into The Squeeze Inn throughout the lunch hour for special prices on the burger known for its famous "cheese skirt," which extends an inch beyond the bun.

The burger is constructed by cooking a one-third-pound beef patty and putting "a giant handful of cheese" on top of, and around, the burger, said Squeeze Inn employee Keith Lenhart. Then an ice cube is placed on the grill while the cheesy patties are topped with a lid, creating a steam chamber for the cheese to melt quickly.

"We go through about 200 to 300 pounds of cheese per day," said employee Charles Rogers.

"And about 270 pounds of potatoes," added Lenhart.

Lenhart, who said he has been eating at the Squeeze Inn for 15 years, only recently started working there a few months ago. Now, he and Rogers are in the process of opening a new Squeeze Inn on the corner of Sunrise Avenue and Douglas Boulevard in Roseville next month.

With locations in Sacramento, Galt and Napa, a Roseville location would be the fourth for the Squeeze Inn, which originally opened in Sacramento 34 years ago.

"This is the perfect location," Lenhart said of the burger joint's new digs on Power Inn Road in Sacramento. "I love it. It helps serve the people better, and (soon) we will get this great product out there in Roseville."

After being featured on Food Network's "Diners, Drive-ins and Dives," hosted by Guy Fieri, the restaurant gained national fame. It was later mentioned on "Good Morning America" and "The Tonight Show with Jay Leno."

It also gained notoriety for not being in compliance with the Americans with Disabilities Act. After several lawsuits, the Squeeze Inn moved to its new location.

"We (would have) had to make changes to the restaurant that would destroy the character, so we decided to move to another location," said owner Travis Hausauer. "The great people of Sacramento gave us wonderful support, and it was amazing what everybody did for us. We're really happy with the location, and we hope to have another 34 years here."

Now larger and wheelchair-accessible, the new location still retains the feel of the old restaurant. It incorporates the entire front entrance, all the bar stools and many of the decorations from the old location.

Michael Whipple, a Certified Access specialist for ADA Resource Associates and wheelchair user, said the old Squeeze Inn location had some wheelchair accessible seating. Although he doesn't eat burgers for health reasons, he helped plan the new location to make sure everything from the entrance to tables to the bathroom, were completely accessible.

He presented Hausauer with a plaque to put in the window. It certified that the restaurant is now fully accessible.

School moving from old Marshall School to Thomas Jefferson Elementary

2009-11-05T03:04:47Z

It was confirmed last week California Montessori Project's Capitol Campus will move from the Marshall School to Thomas Jefferson Elementary School in the College Glen neighborhood.

Since August, CMP leased the Marshall School building from the Sacramento City Unified School District, which also oversees its charter. Next Thursday and Friday, the school will be closed for the move and will resume at the new campus on Nov. 16.

SCUSD superintendent Jonathan Raymond met with CMP board members, students and parents Tuesday night at the campus' new location. After stating reasons for the move, he answered questions from parents.

"The old Marshall School, although a very beautiful facility and by all appearances structurally sound, does not comply with two very important requirements," Raymond said. "No. 1, the Field Act, (which) simply relates to the ability of a building to withstand a seismic event; the other important component is this building does not meet state building codes - it is not compliant with the Americans with Disabilities Act."

He stated that charter schools are required by Prop 39, which passed in 2005, to comply with either one of these codes, and the Marshall School does not. Raymond also took responsibility for the error, and said he looks forward to helping CMP move to the Jefferson campus, which is Field Act and ADA compliant.

"We're going to do it expeditiously, with (the) least disruption to the children and to the families of California Montessori Project, first and foremost," Raymond said to the crowd of nearly 200 gathered in the multi-purpose/lunch room.

This includes providing bus transportation to the new school site throughout the remainder of the school year. Details on the bus routes will be given in the next week, Raymond said.

Thomas Jefferson Elementary School closed at the end of the 2008-09 school year after suffering from low enrollment and loss of revenue. Although CMP Capitol Campus' enrollment is also low, in the low 200s, moving to this location is an opportunity for the school to expand and use the facility the way it should be used, Raymond said.

The school also has a new rooftop ventilation system with furnaces and thermostats added last year, said Mellissa Truitt, SCUSD Associate Superintendent of Capital Asset Management Services.

Some parents said they were still upset about leaving the downtown location so quickly in the middle of a school year. They were notified in late October about a possible move.

"The move is disappointing because we lived in the (Marshall) neighborhood," said Rachelle Barbour, parent of a first-grade student at CMP. "If it wasn't for the liability reasons [if a seismic event did occur, the district and the CMP board would be liable for any injury], it wouldn't have happened so fast."

However, Barbour said she felt "reassured" that the superintendent met with parents and will use the buses provided by the school district. She also noted that there are too few schools in the grid, and said she would like for another school to open in the downtown area.

Darrin Greer, another parent of a first-grade student, thought that the meeting was informative and answered questions.

"The superintendent was open and it helps (that) the district is committed to transportation," he said. "Moving is difficult to do in the middle of the year."

Greer said it would be interesting to see how many people will stay at CMP and how many will leave, but he expects most will stay for at least the rest of this year. He also wanted to know if any other schools in the SCUSD have ADA or Field Act compliance issues.

"This was the only one," Raymond said in an interview after the meeting. "We want to see it thrive. We want to provide whatever support we can to ensure that they do, it's important for the community."

He also said that creating downtown-area schools is a priority.

"We have people living and moving in there, and we need to provide school facilities for those children too and those families," Raymond said. "I've told the community and others in the neighborhood that's something I want to work toward."