California Attorney General Opinion 23-1002

Syllabus

QUESTIONS: Under the Ralph M. Brown Act, a local agency's legislative body must generally conduct its meetings in person at locations open to the public. Does the Americans with Disabilities Act (ADA) nonetheless require that a local agency's legislative body allow remote participation for a member with a qualifying disability that precludes their in-person attendance at meetings of the body? CONCLUSIONS: Yes. The ADA generally requires a local agency's legislative body to allow remote participation as a reasonable accommodation for a member with a qualifying disability that precludes their in-person attendance at meetings of the body. This duty to reasonably accommodate is subject, however, to the Brown Act's requirement that the remote participation must be conducted in a manner that simulates in-person attendance at meetings held in person at a location open to the public. To accomplish this, the Act requires that individual members who participate remotely (1) use two-way video and audio streaming in real time and (2) disclose the identity of any adults who are present with the member at the remote location. These two requirements should be applied to members who attend meetings remotely due to a qualifying disability.