San Diego County Supervisor's ADA-Related Proposal Fails

SAN DIEGO, CA — San Diego County supervisors voted 3-2 Tuesday against a request for the board to formally support state legislation billed as an effort to ease burdens on small businesses facing legal challenges in connection with the Americans with Disabilities Act, while also protecting accessibility.

Supervisor Jim Desmond proposed that the board's Legislative Program support a statewide grace period for small businesses. Desmond and Joel Anderson voted in favor of the measure, while Supervisors Paloma Aguirre, Terra Lawson-Remer and Monica Montgomery Steppe were opposed.

Desmond wrote in his board letter that the legislation "increases fairness in ADA enforcement by encouraging proactive accessibility improvements without diminishing protections."

"It supports individuals with disabilities while preventing disproportionate burdens on small businesses, including many minority and family-owned (`mom-and-pop') establishments," according to his office.

On July 26, 1990, the ADA was signed into federal law, prohibiting discrimination against individuals with disabilities in all areas of public life.

According to Desmond's office, California leads the nation in ADA lawsuits, with more than 3,000 cases filed last year, many involving public accommodations.

"This places a significant financial burden on small businesses, significantly impacting restaurants, hotels, retail stores and many others," he wrote in his letter.

According to Desmond, state Senate Bill 84 would establish a 120-day "right to cure" period and give small businesses four months to fix alleged disability-access violations before facing lawsuits.

Authored last year by Sen. Roger Niello, R-Roseville, the bill "received overwhelming bipartisan support in the state Senate," according to Desmond's office. "However, it ultimately died in the Assembly Judiciary Committee, despite its common-sense approach."

"Without reform at the state level, such as what SB 84 called for, small businesses remain vulnerable to serial and opportunistic lawsuits over minor or technical violations, which often do not impact actual access for those who need it," according to Desmond's office. "Everyone should be able to access any business open to the public."

Before voting, Lawson-Remer said she firmly agrees that small businesses shouldn't be subject to frivolous litigation if they're abiding by ADA rules, but she took issue with the methodology and strategy.

The board chair said she doesn't think a blanket "right to cure" period is the correct tool, because it treats every business the same way, which isn't fair to those "that did everything right and played by the rules."

"That's picking a side and calling it a compromise," Lawson-Remer said, adding there are alternative approaches being developed in Sacramento that have support from business and disability advocates.

Vice Chair Montgomery Steppe said not all ADA violations are created equal, adding that fixing a wheelchair lift, for example, might take more time.

"What I don't want is for the pendulum to kind of swing the other way, where we're not acknowledging disability rights," she said.

Aguirre said she was concerned about unintended consequences of the state bill.

"A person with a disability shouldn't have to wait 100 days for a solution," she added.

Anderson said his fellow board members should "consider that this is a process," noting the state bill had a high level of support from both parties.

Desmond said he would be fine with lowering the grace period for businesses to 60 days.

"I think there's promise here," and we have to make sure small businesses aren't put out of business by overzealous attorneys that are cottage industry instead of fixing the problem, Desmond added.

Two people during public comment spoke in favor of Desmond's proposal.

Evan Strawn of the San Diego Regional Chamber of Commerce described the ADA bill as "common-sense legislation" that "supports small businesses doing what they do best, serving communities and being a backbone of our local economy -- not dealing with frivolous legal claims."

By KAREN WEIL / City News Service