Donald

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 automatic teller machine (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 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…