Facts
Y. AG is the owner of a public bath facility in the municipality of Grub (AR). As part of a renovation and expansion project for an additional sauna operation, Procap demanded unrestricted accessibility and usability of the entire facility for persons with mobility and sensory disabilities. The municipal council considered this requirement fulfilled for the new sauna area, but rejected the request for the ground floor. Procap appealed the municipal decision, whereupon the Department of Construction and Environment partially upheld the appeal and ordered an obligation to adapt the existing bathing facilities on the ground floor as well. The Administrative Court dismissed Procap's appeal against this appeal decision.
The Federal Supreme Court dismisses Procap's appeal against the administrative court's judgment. It finds that while the prohibition of discrimination under Art. 8 para. 2 of the Federal Constitution and the provisions of the Disability Equality Act (BehiG) are generally applicable, the specific legal consequences depend on cantonal building law. The cantonal building law provides for barrier-free construction, but allows for exceptions if the effort would be disproportionate.
Considerations
The Federal Supreme Court interprets the provisions of the BehiG and concludes that under Art. 7 para. 1 lit. a BehiG, only the parts of the building directly affected by the construction project must be adapted. There is no obligation to install entry…