ADA Reform

ADA Compliance and Litigation Update

ADA Compliance and Litigation Update - October 2013

Landmark Reform Law Advances Disability Access, Helps Business

For a number of years, the business community has been victim to a small but widely destructive, atypical group of plaintiffs and lawyers using the disability laws and court system to seek monetary profits rather than access. The result has been unnecessary, costly litigation for significant numbers of California businesses across the state, and many of them closing their doors for good.

The CalChamber, during the 2007-08 legislative session, worked closely with legislators and their staff, other business groups, disability rights groups and the consumer attorneys to achieve historic, comprehensive reform of California's disability access laws. The bipartisan measure, SB 1608 (Corbett; D-San Leandro, Chapter 549, Statutes of 2008), was designed to promote and increase compliance with laws providing public access to individuals with disabilities, while reducing unwarranted litigation that does not advance that goal.

The CalChamber worked to promote and support successful and effective implementation of SB 1608 within the business community and elsewhere.

In 2012, CalChamber-supported legislation to limit frivolous litigation connected with the Americans with Disabilities Act (ADA) was signed into law. SB 1186 (Steinberg; D-Sacramento; Chapter 383, Statutes of 2012) also promotes increased compliance with disability accessibility building codes throughout the state.

Goal

Support comprehensive reforms to state disability laws that encourage and facilitate greater compliance by businesses with disability access laws; encourage resolution of access violations without use of litigation; and seek to reduce abusive and unwarranted demands for money and lawsuits under disability laws that seek to extract monetary settlements rather than improve access.

Major Victories

  • Backed legislation signed into law that limits frivolous litigation connected with the Americans with Disabilities Act, including prohibiting prelitigation “demands for money” by attorneys (SB 1186 of 2012).
  • Collaborated on shaping bipartisan, comprehensive reform increasing public access for individuals with disabilities while reducing unwarranted litigation (SB 1608 of 2008).

Related Top Stories

Policy Contact

Jennifer Barrera
Policy Advocate
Labor and Employment, Legal,
Taxation
 


 
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