Coyle

This lawsuit concerns the scope of Government Code section 4450 and the regulatory definition of the term “publicly funded” in the California Building Code. The Berkeley Center for Independent Living and others successfully sued seeking declaratory and injunctive relief invalidating the definition of “publicly funded” as adopted by the Department of Housing and Community Development (DHCD). Timothy Coyle, Director of DHCD, appeals from a grant of summary judgment, dismissal and injunction. The issue here is whether the trial court erred in declaring invalid a portion of the definition of “publicly funded” found at California Code of Regulations, title 24, section 217.25. We find no error and affirm.

Factual and Procedural Background

Chapter Seven of the Government Code regulates access to public buildings by physically handicapped persons. Section 4450 of that chapter provides: “It is the purpose of this chapter to ensure that all buildings, structures, sidewalks, curbs, and related facilities, constructed in this state by the use of state, county, or municipal funds, or the funds of any political subdivision of the state shall be accessible to and usable by persons…