(September 20, 2012) California Chamber of Commerce-supported legislation to limit frivolous litigation connected with the Americans with Disabilities Act (ADA) has been signed into law.

SB 1186 (Steinberg; D-Sacramento/Dutton; R-Rancho Cucamonga) also promotes increased compliance with disability accessibility building codes throughout the state.

SB 1186 was developed over the last four months in discussions by the authors, their staffs and a working group including the CalChamber.

As an urgency measure, SB 1186 took effect immediately upon being signed on September 19.

Among other things, SB 1186:

• Prohibits prelitigation “demands for money” by attorneys. 
• Puts into place new provisions to prevent “stacking” of multiple claims to increase statutory damages. 
• Reduces statutory damages and provides litigation protections for defendants who correct violations. 
• Establishes priorities for the California Commission on Disabled Accessibility that promote and facilitate disability access compliance.

California has 40% of the nation’s ADA lawsuits but only 12% of the country’s disabled population.

Staff Contact: Jennifer Barrera