Photo by Disabled and Here
At the request of Lieutenant Governor Eleni Kounalakis, Attorney General Rob Bonta is writing an opinion letter on whether public entities are “required to offer remote participation as a reasonable accommodation under the Americans with Disabilities Act (ADA) to members of boards and commissions regulated by the Brown Act open meetings law?”
Our answer is YES, and we need your help! Tell Attorney General Bonta by February 5, 2024, that remote participation is a reasonable accommodation – AND that people with disabilities who need to participate remotely should not be subjected to burdensome requirements.
How to submit a comment
Send an email to Deputy Attorney General Catherine Bidart at Catherine.Bidart@doj.ca.gov no later than February 5, 2024.
In the email: (1) Introduce yourself. (2) Say that remote participation must be granted under the Americans with Disabilities Act (ADA) to include disabled people. (3) Say that people with disabilities who need to participate remotely should not be required to open their homes to the public.
Sample Comment
[Email] Catherine.Bidart@doj.ca.govMy name is [Jennifer Yang], and I am a [person with a disability]. I am a [Community Organizer at the Disabled People’s Union].
I am writing to urge Attorney General Bonta to write an opinion stating that it is a reasonable accommodation to allow members of Brown Act boards and commissions to participate remotely as a reasonable accommodation under the Americans with Disabilities Act (ADA).
Remote participation protects people with disabilities who are at risk from severe outcomes from COVID-19, RSV, and other infectious diseases. Disabled people may also need to participate remotely because they cannot travel or need to be at their homes due to their disabilities.
During the pandemic, public meetings subject to the Brown Act were mostly held over Zoom. But now, with the end of the official public health emergency, municipalities have begun requiring that all members attend meetings in person – even people who need to participate remotely due to their disabilities. As a result, disabled people are being forced to step down from boards and commissions. This is not right. People should be able to participate remotely as a reasonable accommodation under the ADA.
Further, people with disabilities should not be burdened or punished for needing to participate remotely. For example, they should not be required to open their homes to the public. That is dangerous, intrusive, and burdensome, and against the rules of the ADA.
Thank you for considering my comment,
[Jennifer Yang]
Californians for Disability Rights Inc concurs
This a reasonable accommodation issue which is in the
ADA and public participation should not denied due to their disabilities or lack of access
My name is Victoria Bruckner. I am a person with a lifelong mobility disability who has lived continuously in California since 1957. I’ve been active in the disability rights movement, and have been a counselor, psychotherapist and advocate for people with all types of disabilities for many decades. I am writing to urge Attorney General Bonta to write a strong opinion stating that it is a reasonable accommodation to allow members of Brown Act boards and commissions to participate remotely as a reasonable accommodation under the Americans with Disabilities Act (ADA).
Remote participation protects people with disabilities who are at risk from severe outcomes from COVID-19, RSV, and other infectious diseases. Disabled people may also need to participate remotely because they cannot travel or need to be at their homes due to their disabilities.
During the pandemic, public meetings subject to the Brown Act were mostly held over Zoom. But now, with the end of the official public health emergency, municipalities have begun requiring that all members attend meetings in person – even people who need to participate remotely due to their disabilities. As a result, disabled people are being forced to step down from boards and commissions. This is not right. People should be able to participate remotely as a reasonable accommodation under the ADA.
Further, people with disabilities should not be burdened or punished for needing to participate remotely. For example, they should not be required to open their homes to the public. That is dangerous, intrusive, and burdensome, and against the rules of the ADA.
Thank you for considering my comment,
I am Erick Mikiten, AIA, an architect and State Building Standards Commissioner. I use a manual wheelchair for mobility and hearing aids. I have been on the BSC for a decade, and found during the remote meetings during the Pandemic that my ability to participate effectively went up dramatically.
Not only did I not have to deal with the travel to Sacramento and the challenges of imperfectly-accessible hotel rooms during 2- or 3-day meetings, but the ability to have full captioning in front of me on Zoom (not on a screen behind me in a public hearing), and the ability to read lips on my large monitor, helped me follow the meetings with greater precision and more participation.
And importantly, all those things reduced my stress tremendously, which leads to being a more effective participant.
I strongly encourage you to allow members of Brown Act boards and commissions to participate remotely as a reasonable accommodation.
Best,
Erick Mikiten, AIA, LEED-AP