ADA Compliance and Defense Blog
California Senate Bill 585 (SB 585) seeks to achieve a balance between ensuring accessibility for individuals with disabilities and protecting small businesses from exploitative litigation. The draft bill proposes a “right to cure” period, allowing businesses with 50 or fewer employees 120 days to rectify alleged construction-related accessibility violations before facing statutory damages, attorney’s fees, or costs.
Background
Under existing California law, businesses found in violation of construction-related accessibility standards can be subject to minimum statutory damages starting at $4,000 per violation, along with attorney’s fees. This framework has led to a surge in lawsuits, particularly in California where statutory damages under the Unruh Civil Rights Act incentivize high levels of litigation. See Unruh Civil Rights Act Basics. Many of these lawsuits have targeted small businesses for minor infractions, resulting in significant financial burdens.
Provisions of SB 585
SB 585 introduces several key measures that would apply to business with 50 of fewer employees anytime in the past 3 years:
- Notice Requirement: Plaintiffs must serve a letter to the business detailing each alleged violation of accessibility standards before filing a lawsuit; and
- 120-Day Cure Period: Upon receiving the letter, businesses have 120 days to correct the specified violations before the plaintiff can file a lawsuit.
- Limitation on Liability: If the business remedies the violations within the cure period, it is not liable for statutory damages, plaintiff’s attorney’s fees, or costs related to those violations.
- Prevention of Circumvention: Plaintiffs cannot bypass these provisions by seeking general discrimination damages under the Americans with Disabilities Act (ADA) if the claim is based on physical accessibility standards under California law.
Legislative Progress
Introduced by Senator Roger Niello in February 2023, the bill has garnered some bipartisan support. On May 2, 2023, the Senate Judiciary Committee passed SB 585, acknowledging the need to protect both the rights of individuals with disabilities and the interests of small business owners. Senator Niello emphasized the bill’s intent to provide meaningful access to justice and protection from meritless litigation for business owners.
As of November 2024, SB 585 remains under consideration and is pending review by the Assembly Judiciary Committee.
Implications
If enacted, SB 585 could significantly impact the legal landscape for disability access claims in California. By instituting a cure period, the bill aims to reduce frivolous lawsuits and encourage businesses to proactively address accessibility issues. This approach seeks to foster a more collaborative environment between the disability community and business owners, promoting compliance without the immediate threat of costly litigation.
Conclusion
California SB 585 represents a legislative effort to balance the enforcement of disability access laws with the protection of small businesses from exploitative lawsuits. By introducing a “right to cure” period, the bill encourages prompt remediation of accessibility violations, aiming to create a fairer and more constructive approach to upholding the rights of individuals with disabilities while supporting the viability of small enterprises.
If you have received an accessibility letter or lawsuit, please reach out to me by email at skt@jmbm.com or phone at 415-984-9622. I can let you know if our firm is taking on new clients or refer you to other competent counsel if not.
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