Attorney General Bonta Issues Statewide Guidance: Local Jurisdictions Must Integrate the Needs of Californians with Disabilities in Emergency Preparedness and Response

As extreme weather events increase in frequency and intensity, localities must ensure that people with disabilities are central to all emergency preparedness, response, and recovery efforts

OAKLAND - California Attorney General Rob Bonta today issued a statewide guidance letter to local jurisdictions reminding them of their obligations under federal and state disability access laws to ensure that people with disabilities have meaningful access to emergency preparedness, response, and recovery. The guidance, developed by the California Department of Justice's (DOJ) Civil Rights Enforcement Section through its Disability Rights Bureau, makes clear that inclusive emergency planning is a legal requirement that must be built into how local governments prepare for and respond to disasters.

"Every Californian deserves to know that their government has a plan for them - especially in moments of crisis," said Attorney General Bonta. "California's local jurisdictions have a legal obligation to integrate the needs of people with disabilities into all phases of emergency management - preparedness, response, and recovery. Today my office is releasing guidance to remind local jurisdictions of their legal obligations to their residents with disabilities and reaffirm California's longstanding commitment to disability rights."

People with disabilities often face significant barriers to critical support before, during, and after emergencies and disasters, like emergency notifications, evacuation, transportation, shelter and mass care, and recovery. As a result, people with disabilities are estimated to experience at least double the mortality rate of the general population during emergencies. Local jurisdictions must comply with disability access laws in their preparation for, response to, and recovery from emergencies. Under Title II of the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973, and applicable California laws, local governments must proactively plan for the needs of people with disabilities - people with disabilities cannot be required to individually request accommodations at the time of an emergency. These obligations extend to services delivered through private contractors. The guidance letter outlines these legal requirements and provides local jurisdictions with practical information to support compliance. The letter also highlights state and federal resources available to support local compliance, including training and planning information from state agencies.

The letter provides guidance in four key areas of emergency management:

• Accessible notifications and communications.
• Evacuation planning, including accessible transportation, medical equipment, and service animals.
• Sheltering, including accessible facilities, assistive technology, medical supplies, and staff training.
• Reintegration, including support reconnecting people with care, services, and accessible housing after a disaster.

The guidance letter is available at oag.ca.gov/civil/disability-rights.

Attorney General Bonta is committed to enforcing the laws that protect Californians with disabilities and ensuring that California is accessible and safe for all. In February, he formally announced an investigation related to the emergency response to the Eaton Fire. Specifically, the investigation will seek to determine whether there was potential race, age, or disability discrimination in the emergency preparations and response in the historically Black community of West Altadena. The investigation is ongoing.