Louisiana Revised Statutes 40:1740 – Enforcement of Part
Terms Used In Louisiana Revised Statutes 40:1740
- ADA: means the Americans with Disabilities (Civil Rights) Act of 1990 (Public Law 101-336). See Louisiana Revised Statutes 40:1732
- ADA Standards: means the 2010 Americans with Disabilities Act Standards for Accessible Design as adopted by the United States Department of Justice pursuant to the ADA and any subsequent amendments or additions to or editions adopted by the Department of Justice. See Louisiana Revised Statutes 40:1732
- Building: means a structure to which the general public customarily has access or utilizes as defined in the ADA Standards. See Louisiana Revised Statutes 40:1732
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fire marshal: means the fire marshal of the state of Louisiana. See Louisiana Revised Statutes 40:1732
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Private building or facility: means a commercial facility or a place of public accommodation as such terms are defined by the ADA Standards or in the Life Safety Code. See Louisiana Revised Statutes 40:1732
- Public building or facility: means a building, structure, or facility designed, constructed, or altered by, on behalf of, or for the use of a quasi public agency, the state, or any agency or department thereof, or any political subdivision or any governmental agency or department thereof or as defined by the ADA Standards. See Louisiana Revised Statutes 40:1732
A. For purposes of enforcing this Part, in any instance in which the ADA Standards are not complied with the local building code authorities and the health authorities shall have authority to enforce these standards. Written approval by the fire marshal shall be presumptive evidence of compliance with ADA Standards but shall not be considered conclusive and local building code authorities and health authorities shall have the power to review all construction within their jurisdiction to the end that the intent of this legislation shall be enforced.
B. Local building code authorities, health authorities, or any individual may seek an injunction to halt construction or require compliance with ADA Standards of any public building or facility or private building or facility which has been constructed or is being constructed in violation of this Part. All actions shall be brought in the district court of the parish in which the public building or facility or private building or facility, or portion thereof, that is not in compliance, is situated.
Added by Acts 1977, No. 625, §1. Acts 1984, No. 614, §1, eff. July 12, 1984; Acts 1988, No. 423, §1; Acts 1995, No. 880, §1; Acts 2011, No. 398, §1.