Bills Introduced to Push ADA Reform

Responding to a recent spike in lawsuits against business owners in violation of the federal Americans with Disabilities Act (ADA), several pieces of legislation have been introduced to reform what some legislators believe is a frivolous process.

AB 52 (Gray) – Pending
As Introduced on December 1, 2014

Assembly Bill 52, by Assembly Member Adam Gray, would provide that a defendant’s maximum liability for statutory damages in a construction-related accessibility claim against a place of public accommodation is $1,000 for each offense if the defendant has corrected all construction-related violations that are the basis of the claim within 180 days of being served with the complaint and the defendant demonstrates that the structure or area of the alleged violation was determined to meet standards or was subjected to an inspection. The bill would reduce that maximum liability to $1,000 for each offense if the defendant has corrected all construction-related violations that are the basis of the claim within 180 days of being served with the complaint and the defendant is a small business. The bill would also provide that specified statutory damages in a construction-related accessibility claim against a place of public accommodation that is a small business may only be recovered if the place of public accommodation is granted a 180-day stay of court proceedings to meet specified requirements.

AB 54 (Olsen) – Pending
As Introduced on December 1, 2014

Assembly Bill 54, by Assembly Republican Leader Kristen Olsen, would, when a plaintiff brings a claim alleging a violation of a construction-related accessibility standard within three years of a change in that standard, allow a plaintiff to collect statutory damages only if the plaintiff also provides the owner, agent, or other party responsible for the place in violation with a written notice or demand letter at least 60 days prior to filing any action and the violation is not cured. 

SB 67 (Galgiani) – Pending 
As Introduced on December 1, 2014

Existing law permits statutory damages to be awarded in certain construction-related accessibility claims against a place of public accommodation only if the violation denied the plaintiff full and equal access to the place of public accommodation on a particular occasion. The law also reduces a defendant’s minimum statutory damage liability to $1000 if the defendant demonstrates that it has corrected all construction-related violations that are the basis of a claim within 60 days of being served with the complaint, and other conditions are met, including, among others, that the structure or area was inspected by a certified access specialist, as defined. Existing law also reduces a defendant’s minimum statutory damage liability to $2000 in this context if it demonstrates that it has corrected all construction-related violations that are the basis of a claim within 30 days of being served with the complaint and it is a small business,

Senate Bill 67, by Senator Cathleen Galgiani, would except a small business from statutory damage liability in connection with a construction-related accessibility claim, and would instead limit recovery to injunctive relief and reasonable attorney’s fees as deemed appropriate by the court. The bill would also extend the period for correcting construction-related violations that are the basis of a claim from 60 days to 120 days of being served with the complaint, for purposes of reducing a defendant’s minimum statutory damage liability to $1000. The bill would make conforming changes a notice a plaintiff is required to served on a defendant in an action that includes a construction-related accessibility claim.