Disability access: construction-related accessibility claims: notice of violation and opportunity to correct.
- Requires small businesses to receive written notice of accessibility violations before facing statutory damages.
- Grants businesses with 50 or fewer employees 120 days to fix accessibility violations before legal action.
- Protects small businesses from statutory damages and attorney fees if violations are corrected within 120 days.
- Prevents plaintiffs from bypassing notice requirements by filing general ADA discrimination claims.
A bipartisan group of California senators, led by Senator Niello, has put forward legislation modifying how construction-related accessibility claims proceed against small businesses. The measure requires plaintiffs to provide detailed written notice of alleged violations and allow 120 days for corrections before pursuing statutory damages against businesses with 50 or fewer employees.
Under the proposal, small businesses that correct identified violations within the 120-day period would be protected from statutory damages, attorney's fees, and legal costs related to those specific issues. The bill also prevents plaintiffs from reclassifying construction-related accessibility claims as general Americans with Disabilities Act discrimination claims to bypass these notice and correction provisions.
The legislation builds upon existing state law governing accessibility claims, which already provides certain liability protections when violations are promptly addressed. For businesses with 25 or fewer employees and annual revenues under $3.5 million, current statutes reduce potential statutory damages to $2,000 per violation if corrections occur within 30 days of receiving a complaint. The new measure extends similar protections to a broader range of small businesses while establishing more defined procedural requirements for initiating claims.
 Anna CaballeroD Senator | Bill Author |  Not Contacted | |
 Roger NielloR Senator | Bill Author | Not Contacted | |
 Jacqui IrwinD Assemblymember | Bill Author | Not Contacted | |
 Benjamin AllenD Senator | Bill Author | Not Contacted | |
 Ash KalraD Assemblymember | Committee Member | Not Contacted |
| Bill Number | Title | Introduced Date | Status | Link to Bill |
|---|---|---|---|---|
SB-585 | Disability access: construction-related accessibility claims: statutory damages: attorney’s fees and costs. | February 2023 | Failed |
Email the authors or create an email template to send to all relevant legislators.
Introduced By
Latest Voting History
| Ayes | Noes | NVR | Total | Result |
|---|---|---|---|---|
| 34 | 2 | 4 | 40 | PASS |
- Requires small businesses to receive written notice of accessibility violations before facing statutory damages.
- Grants businesses with 50 or fewer employees 120 days to fix accessibility violations before legal action.
- Protects small businesses from statutory damages and attorney fees if violations are corrected within 120 days.
- Prevents plaintiffs from bypassing notice requirements by filing general ADA discrimination claims.
Email the authors or create an email template to send to all relevant legislators.
Introduced By
A bipartisan group of California senators, led by Senator Niello, has put forward legislation modifying how construction-related accessibility claims proceed against small businesses. The measure requires plaintiffs to provide detailed written notice of alleged violations and allow 120 days for corrections before pursuing statutory damages against businesses with 50 or fewer employees.
Under the proposal, small businesses that correct identified violations within the 120-day period would be protected from statutory damages, attorney's fees, and legal costs related to those specific issues. The bill also prevents plaintiffs from reclassifying construction-related accessibility claims as general Americans with Disabilities Act discrimination claims to bypass these notice and correction provisions.
The legislation builds upon existing state law governing accessibility claims, which already provides certain liability protections when violations are promptly addressed. For businesses with 25 or fewer employees and annual revenues under $3.5 million, current statutes reduce potential statutory damages to $2,000 per violation if corrections occur within 30 days of receiving a complaint. The new measure extends similar protections to a broader range of small businesses while establishing more defined procedural requirements for initiating claims.
Latest Voting History
| Ayes | Noes | NVR | Total | Result |
|---|---|---|---|---|
| 34 | 2 | 4 | 40 | PASS |
Anna CaballeroD Senator | Bill Author | Not Contacted | |
Roger NielloR Senator | Bill Author | Not Contacted | |
Jacqui IrwinD Assemblymember | Bill Author | Not Contacted | |
Benjamin AllenD Senator | Bill Author | Not Contacted | |
Ash KalraD Assemblymember | Committee Member | Not Contacted |
| Bill Number | Title | Introduced Date | Status | Link to Bill |
|---|---|---|---|---|
SB-585 | Disability access: construction-related accessibility claims: statutory damages: attorney’s fees and costs. | February 2023 | Failed |