Increases Access While Reducing Lawsuits

Ellen Corbett

(April 28, 2008) The California Chamber of Commerce is supporting bipartisan legislation 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.

SB 1608 (Corbett; D-San Leandro) was amended this week to provide a comprehensive reform approach.

Joining Senator Ellen Corbett as authors of the bill are Senators Tom Harman (R-Huntington Beach), Darrell Steinberg (D-Sacramento), George Runner (R-Lancaster) and Ron Calderon (D-Montebello). Principal co-authors are Assemblymembers Cameron Smyth (R-Santa Clarita) and Lois Wolk (D-Davis).

Tom Harman	Darrell Steinberg	George Runner	Ron Calderon

Response to Ongoing Problem

SB 1608 responds to a significant ongoing state problem — the small, but widely destructive, atypical group of plaintiffs and lawyers using the disability laws and court system to systematically extract monetary settlements from businesses rather than to improve disability access. Too often these lawsuits result in businesses closing their doors.

For example, one plaintiff has filed more than 700 ADA lawsuits in California alleging toilet paper dispenser heights do not meet the ADA-required measurements and has collected millions from California small businesses in settlements.

Current disability access requirements, established by the federal Americans with Disabilities Act (ADA) and state laws, can be highly technical. Interpretation can be subjective. Also, new construction is being approved by private and public sector entities involved in the building process, yet still is not fully compliant.

SB 1608 sets up a process to encourage business owners to be proactive in complying and to obtain the assistance of state-certified access specialists to determine whether buildings comply.

“Businesses have both a vested interest and responsibility to comply with disability access laws,” said CalChamber Policy Advocate Kyla Christoffersen. “At the same time, California’s laws should facilitate and acknowledge the efforts of businesses who desire to comply and take steps accordingly. SB 1608 strikes a fair and reasonable balance.”

Promoting Compliance

SB 1608 promotes compliance with disability access requirements and addresses unwarranted litigation through:

• California Disability Access Commission: Creates an independent state commission on disability access in the state of California that will serve as an advisory body and information center on disability access issues. The commission would include legislators and representatives of the disability community, building professions and building owners. 
• Increased Education and Awareness: Establishes minimum continuing education requirements for building inspectors and architects on disability access laws. In addition, demands for money issued by attorneys under the disability access laws must be accompanied by an advisory statement available in multiple languages explaining building owner/tenant obligations under the disability access laws, as well as legal options.
• Promotes Use of State-Certified Disability Access Specialists: Encourages owners of existing buildings to voluntarily use state-certified access specialists (CASps) to ensure compliance. It also requires that new construction and new tenant improvements affecting access be inspected by building inspectors who also are CASps. 
• The CASp program was established by 2003 legislation and is overseen by the Division of the State Architect.
• Court Procedure Encouraging Compliance: Establishes a court procedure available only for defendants who have demonstrated diligence in complying with disability access laws by hiring a CASp. Such defendants, if sued because of an alleged construction-related accessibility violation, may request a temporary stay to litigation and a conference in which the judge and the parties must meet early to evaluate the case, including the alleged violations and whether resolution is possible

Action Needed

SB 1608 is set for hearing April 28 in the Senate Business, Professions and Economic Development Committee and on April 29 in the Senate Judiciary Committee. Contact your senator and members of both committees and urge them to support SB 1608.

For a sample letter, visit www.calchambervotes.com.

Staff Contact: Kyla Christoffersen

Additional Materials

Legal Reform