ADA Compliance and Defense Blog
California has long seen a high number of lawsuits filed by individuals with disabilities alleging violations of the Americans with Disabilities Act (ADA), Unruh Civil Rights Act and the California Disabled Persons Act. Many have complained that these laws have been exploited by serial plaintiffs who file hundreds or thousands of lawsuits for minor technical violations, such as parking slopes being a few degrees too steep. Senate Bill 84 (SB-84), introduced on Jan. 17, 2025, by Senators Niello, Ashby, and Caballero, aims to strike a balance—preserving the rights of individuals with disabilities while offering small businesses a fair opportunity to address violations before facing lawsuits. At JMBM, we’re closely tracking this proposed legislation and its potential impact on our clients. Here’s what you need to know. Similar legislation has been proposed in the past, such as SB 585, but never passed. SB-84, however, is being proposed with some bipartisan support.
What SB-84 Proposes
SB-84 seeks to amend Section 55.56 of the California Civil Code, which governs statutory damages in accessibility claims. The bill introduces a critical procedural safeguard for businesses employing 50 or fewer individuals: a mandatory notice-and-cure period. Under the proposed law:
- Notice Requirement: A plaintiff cannot initiate a legal proceeding for statutory damages of a construction related accessibility claim unless they first serve the defendant with a letter detailing each alleged violation.
- 120-Day Cure Period: The defendant then has 120 days from the date of service to correct the violations. If the issues are resolved within this timeframe, the defendant avoids liability for statutory damages, attorney’s fees, and costs.
- Scope Limitation: This protection applies only to businesses with 50 or fewer employees, either at the time the letter is received or during the prior three years.
Additionally, SB-84 closes a potential loophole whereby a potential plaintiff tries to sidestep the notice requirement by framing their claims as general discrimination violations under the ADA rather than construction-related accessibility claims. The bill explicitly prohibits this tactic if the underlying issue stems from noncompliance with California’s physical accessibility standards.
So far, it appears that SB-84 does not apply to website accessibility claims, which we have seen filed with increased frequency in recent years.
Why This Matters for Small Businesses
For small business owners—think local cafes, family-run retail shops, or independent service providers—accessibility lawsuits can be financially devastating. Under current law, a single violation encountered by a plaintiff can trigger minimum statutory damages of $4,000 per occurrence (i.e., per visit or even deterred visits that never occurred), plus attorney’s fees, even for minor or technical issues like faded parking lot striping or missing interior signage. These cases often pile up quickly, with plaintiffs alleging multiple “occasions” of denial of access, leading to crippling penalties. These costs are stacked on top of defense attorneys’ fees and court filing fees.
SB-84 offers a lifeline by giving small businesses breathing room to fix problems without immediate litigation. The 120-day cure period aligns with the practical reality that remediation—whether it’s installing a ramp, adjusting signage, or hiring a contractor—takes time and planning, especially for businesses operating on thin margins.
Balancing Accessibility and Fairness
Critics might argue that SB-84 weakens protections for individuals with disabilities by delaying their ability to seek immediate recourse. However, the bill doesn’t eliminate accountability—it simply shifts the focus toward correction rather than costly judicial proceedings. Injunctive relief (court orders to fix violations) remains available without delay, ensuring that accessibility barriers can still be addressed promptly. Meanwhile, statutory damages, which often fuel high-volume litigation, are reserved for cases where businesses fail to act after fair notice.
This approach builds on existing California laws that incentivize proactive compliance. For instance, businesses that obtain Certified Access Specialist (CASp) inspections already enjoy certain liability protections under Section 55.56. SB-84 extends this philosophy to smaller operators who may not have the resources for preemptive inspections but are willing to correct issues once notified.
What’s Next for SB-84?
As of March 14, 2025, SB-84 is in its early stages, having been introduced just two months ago. It requires a majority vote in the California Legislature and, if passed, will apply to claims filed after its effective date. With no fiscal committee implications or appropriations attached, its path to approval could be smoother than more contentious bills. Still, stakeholder input—particularly from disability rights advocates and the small business community—will shape its final form. As of March 14, 2025, SB-84, is in the introduced stage and has been referred to the Judiciary and Appropriations Committees for further consideration.
Takeaways for California Business Owners
If you run a small business in California, SB-84 could soon change how you handle accessibility compliance. Here’s what to do now:
- Audit Your Property: Even before the bill becomes law, consider a voluntary CASp inspection or a self-assessment of your premises to identify potential issues.
- Respond Promptly to Notices: If you receive a letter alleging violations, consult with legal counsel immediately to evaluate your options and timeline for corrections. If you ignore such notices, you do so at your own peril and expense since a lawsuit will likely be filed.
- Stay Informed: Legislation can evolve quickly. Partner with a law firm like JMBM to keep abreast of updates and ensure compliance.
For more information or to discuss your specific situation or case, contact Stuart K. Tubis, Esq. at 415-984-9622 or skt@jmbm.com.