Sunday, August 28, 2011

Religious Health Institute Violated California Law By Excluding Blind Participant

In Stevens v. Optimum Health Institute, 2011 U.S. Dist. LEXIS 95372 (SD CA, Aug. 24, 2011), a California federal district court held that Optimum Health Institute (OHI), a holistic health institute operated by the Free Sacred Trinity Church, violated California's Unruh Civil Rights Act and its Disabled Persons Act when it refused to allow plaintiff, who is blind, to attend its program alone with a cane, and instead insisted that she attend with a sighted companion. The court found issues of material fact remain as to whether OHI violated these statutes in refusing to allow plaintiff to attend with a service animal. In reaching its conclusion, the court held that OHI is a "business establishment" under the Unruh Act and a "public accommodation" under the Disabled Persons Act. The court rejected claims that applying these laws to OHI violates it rights to freedom of expression or the free exercise of religion.  It found that "California's goal to ensure that all business establishments and places of public accommodation are accessible to people with disabilities is a compelling State interest."