2016 is another year where California businesses continue to suffer from ADA-related litigation in the state and federal courts.
As I have discussed before, the real problem with the ADA are some California-specific laws. Each year there are several efforts to curtail ADA abuse in California, but no meaningful relief has been delivered yet. Or has it?
SB 269 is a law introduced by Senators Richard Roth and Andy Vidak. SB 269 makes certain changes to the Unruh Civil Rights Act, purportedly to help reduce the sting of ADA lawsuits on small businesses.
The bill was introduced February 29, 2016 and was ultimately signed into law by Governor Brown May 10, 2016. As an “urgency” bill, the new law takes effect immediately.
One major problem with ADA lawsuits in California is that they are often based upon very minor technical accessibility issues — think faded parking lot pain, incorrect sign placement, etc.
SB 269 states that a defendant will have 15 days to correct these technical violations from the date of the service of an ADA lawsuit or ADA violation notice. If these technical violations are corrected in the appropriate time, an ADA plaintiff will not be eligible for monetary damages.
SB 269 defines “technical violations” as the following:
Don’t get me wrong — SB 269 is a good start. By eliminating the ability for ADA plaintiffs to claim $4,000 damages for items on the “technical violation” list, some California businesses should be able to get their property fixed and avoid expensive payouts if they are on the ball.
The underlying premise of SB 269 is right on point: businesses should be granted a reasonable timeframe to bring their property into compliance once served with these shakedown lawsuits. If the business does not comply, then the ADA plaintiff should be allow to proceed with a case for money damages.
This bill is a step in the right direction. Unfortunately, I do not anticipate any bills that will tackle ADA/Unruh abuse being passed in California any time soon. This problem will persist until the Legislature listens to their constituents who continue to have to deal with these shakedown lawsuits.
Please contact my office at (916) 333-2222 if you have been served with an ADA lawsuit in California. My law firm can defend your business from start to finish and help you avoid future litigation as well.
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