Calif. Bill Aims to End 'Shakedown Lawsuits' from ADA Complaints, Awaits Gov. Brown's Signature

The manager of the Corona Economic Development Department Monday praised a bill recently signed into law by Gov. Jerry Brown giving small businesses an extra measure of protection from lawsuits related to the Americans with Disabilities Act.

Senate Bill 269 took effect immediately as an urgency statute and will afford proprietorships with 50 or fewer employees additional time to correct alleged disability access violations before they can be taken to court.

The bill, authored by Sen. Richard Roth, D-Riverside, specifically aims to curb Americans with Disabilities Act civil actions, which critics have denounced as "shakedown lawsuits" filed by plaintiffs with no genuine complaint against a business, but who are instead motivated by profit.

SB 269 grants small businesses 120 days to rectify a disability access issue -- as long as the location has been inspected by a contractor qualified as a "certified access specialist," according to Corona EDD Manager Kimberly Davidson.
Court-imposed penalties may not be imposed during that time period.

"Many businesses intend to be compliant and should be given the chance to do so," Davidson said. "Frivolous lawsuits have hurt businesses when really the end goal should be compliancy, not punishment."

Davidson described California as a "breeding ground" for ADA-related lawsuits since the act became federal law in 1990.

The minimum cost for an ADA violation is $2,000 per offense, according to the state Civil Code. That does not include attorney fees and other court costs.