(October 8, 2008) Governor Arnold Schwarzenegger has signed a California Chamber of Commerce-backed “job creator” bill that increases public access for individuals with disabilities while reducing unwarranted litigation.

The CalChamber worked closely with the authors and their staff, other business groups, disability rights groups and the consumer attorneys to achieve this historic reform.

SB 1608 is a bipartisan, bicameral comprehensive reform measure, authored by Senators Ellen Corbett (D-San Leandro), Tom Harman (R-Huntington Beach) and Ron Calderon (D-Montebello), and Assembly Members Cameron Smyth (R-Santa Clarita) and Lois Wolk (D-Davis).

The legislation is the culmination of a two-year collaborative effort involving countless hours of work, crafting reforms within an extremely complex body of law that appropriately balanced the interests of those impacted. The bill received unanimous support by both houses of the Legislature before being sent to the Governor.

Goals of Legislation

SB 1608 is designed to address two important goals:

• promoting and increasing compliance with state and federal civil rights laws providing for equal access for individuals with disabilities in public accommodations; and 
• reducing unwarranted, unnecessary litigation that does not advance the goals of disability access.
  

Reform Provisions

SB 1608 arrives at a solution through a combination of the following key reform provisions:

• Clarifications in the law to help reduce unwarranted damages and attorneys’ fees. 
• A new disability commission which will be tasked with evaluating and providing recommendations on further disability issues having an impact on the disability community and business. 
• Improved continuing education in disability access laws for building inspectors and architects. 
• Incentivizing building owners to use state-certified access specialists to ensure compliance. 
• A new court procedure to encourage early resolution of disability access lawsuits.
  

One of the important reforms in SB 1608 is a provision clarifying that plaintiffs may recover damages only for a violation they personally encountered or that deterred access on a particular occasion, rather than for alleged violations that may exist at a place of business but did not cause a denial of access.

In addition, SB 1608 clarifies that a court can consider reasonable written settlement offers made and rejected in determining the amount of reasonable attorneys fees to be awarded at the end of a case, which is aimed at reducing unnecessary protraction of litigation by either party.

Addresses Long-Term Problem

The CalChamber has worked diligently for a number of years toward reform of the disability access laws because of the significant, ongoing state harm inflicted upon businesses by 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. Too many California businesses have closed their doors for good.

Businesses have both a vested interest and responsibility to comply with disability access laws. At the same time, California’s laws should facilitate and acknowledge the efforts of businesses that desire to comply and take steps accordingly. The CalChamber believes SB 1608 strikes a fair and reasonable balance.

The CalChamber commends the authors and their staff for their leadership in achieving a legislative proposal that is responsive to and respectful of the interests of the business community and the disability community. SB 1608 is an important benchmark for the state, not only as an advancement of disability access with less litigation, but also as a meaningful collaborative and bipartisan reform.