CJAC: Civil Justice Association of California

ADA Reform Bills Abound

By Todd Roberson on 03/06/2012 @ 11:00 AM

Tags: Americans with Disabilities Act

There is no shortage of proposals in the California Legislature this year to change the way the Americans with Disabilities Act (ADA) is enforced in our state, a reflection of the fact that the problem of abusive ADA lawsuits is not getting any better. Fully understanding and complying with both the federal ADA and the state disabled access regulation continues to be a challenge for too many small business owners, and it is clear that more needs to be done to reduce the number of lawsuits while continuing to increase access for the disabled.

At this point, the following bills from legislators across the state and from both parties have been identified as attempts to address this problem:

AB 1610 - Don Wagner (R-Irvine) - Provides for notice of an alleged ADA violation and provides 120 days to fix the violations before a lawsuit can be filed.

AB 1878 - Beth Gaines (R-Roseville) - Provides for notice of an alleged ADA violation and provides 120 days to fix the violations before a lawsuit can be filed.

AB 1879 - Beth Gaines (R-Roseville) - Requires the State Architect to prepare a report containing all federal and state disabled access regulations and note any state regulations that are in direct conflict with federal regulations.

AB 1994 - Alyson Huber (D-El Dorado Hills) - Requires all complaints to be filed with the county planning department where an alleged disabled access violation has occurred and that the county work with a certified access specialist to develop a compliance schedule for remedying violations.

AB 2282 - Bill Berryhill (R-Ceres) - Currently a spot bill relating to ADA lawsuits (a placeholder that may be amended later into a substantive bill).

AB 2325 - Chris Norby (R-Fullerton) - Provides for notice of an alleged ADA violation and provides 120 days to fix the violations before a lawsuit can be filed.

SB 1186 - Robert Dutton (R-Rancho Cucamonga) - Provides for notice of an alleged ADA violation and provides 90 days to fix the violations before a lawsuit can be filed.

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