Wilshire Financial Tower v. City of Los Angeles

This case involves interpretation of statutory law requiring privately funded office buildings to be accessible to physically handicapped persons. Plaintiff and respondent Wilshire Financial Tower (hereinafter Owner) is a joint venture which owns a 21-story office building, constructed in 1962, at 3600 Wilshire Boulevard in Los Angeles. Defendants and appellants are the City of Los Angeles and its various entities responsible for enforcement of the building laws (hereinafter collectively referred to as City). In 1987, Owner sought a building permit to make major renovations on the seventh floor of the building. City required, as a condition of issuance of the permit, that the seventh floor rest rooms be made accessible to the physically handicapped.

Claiming to fall within a statutory exception for multistoried “public accommodations,” Owner petitioned the superior court for a writ of man *121 date to compel City to consider an alternative proposal which would excuse Owner from modifying the seventh floor rest rooms. The trial court agreed with Owner’s interpretation and issued the requested writ of mandate.

We reverse. Pursuant to Health and Safety Code section 19955.5…