The Americans With Disabilities Act (“ADA”) generally requires “reasonable accommodation” in employment, government services, and public accommodations for individuals with disabilities. The California Legislature enacted the Ralph M. Brown Act (“Brown Act”) in 1953 to ensure the public’s right to attend the meetings of public agencies. The Brown Act generally requires legislative bodies of local agencies to hold their meetings in person at locations open to the public.
In July 2024, The California Attorney General (“AG”) released Opinion No. 23-1002. That opinion concluded that the ADA generally requires a local agency’s legislative body to allow remote participation as a reasonable accommodation for a member with a qualifying disability if that disability precludes their in-person attendance at meetings. The AG found that the duty to reasonably accommodate is subject to the Brown Act’s requirement that the remote participation be conducted in a manner that simulates in-person attendance at meetings held in person at a location open to the public.
To accomplish this, the AG concluded that a member who participates remotely in a non-public location in order to reasonably accommodate a disability must: 1) use two-way video and audio streaming in real time; and 2) disclose the identity of any adults who are present with the member at the remote location and the nature of their relationship.
The AG acknowledged that this conclusion was a reversal from a 2001 AG opinion that found that in-person attendance was an “essential job function” and “an essential eligibility requirement”. The AG explained that subsequent amendments to the Brown Act illustrate that remote participation no longer falls outside the realm of what can be a reasonable accommodation.
California Attorney General Opinion 23-1002 (July 2024).