Entrance to corridor leading to toilet facility to be marked with sign that conforms to requirements of Americans with Disabilities Act and includes features for use by visually impaired persons; reporting of violations; duties of Attorney General; enforcement.
1. Each owner, lessor, lessee or operator of a public accommodation shall mark each entrance to a corridor in the public accommodation which leads to a toilet facility with a sign which:
(a) Conforms to the requirements related to signage contained in §§ 4.30 et seq. of the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities set forth in Appendix A of Part 36 of Title 28 of the Code of Federal Regulations; and
(b) Uses symbols, raised letters and Braille to:
(1) Identify the toilet facility and the gender of persons who may use the toilet facility; and
(2) If the toilet facility is for the exclusive use of persons of one gender:
(I) Indicate that the toilet facility is for the exclusive use of persons of that gender; and
(II) Provide direction to a toilet facility that may be used by persons of the other gender.
2. A person may report a violation of subsection 1 to the Attorney General.
3. Upon receiving a report pursuant to subsection 2, the Attorney General shall notify the owner, lessor, lessee or operator of the public accommodation of the alleged violation. Not later than 30 days after receiving such a notification, the owner, lessor, lessee or operator of the public accommodation shall:
(a) Present evidence to the Attorney General that the public accommodation is in compliance with subsection 1; or
(b) Begin any action necessary to comply with the requirements of subsection 1 and notify the Attorney General of the date on which the public accommodation will be in compliance with those requirements.
4. If the owner, lessor, lessee or operator of the public accommodation fails to comply with subsection 1, the Attorney General shall take such action as is necessary to ensure compliance with subsection 1, including, without limitation, commencing proceedings in a court of competent jurisdiction, if appropriate.
5. As used in this section, “public accommodation” has the meaning ascribed to it in 42 U.S.C. § 12181.
Last modified: February 26, 2006