One bill that made it through policy committees that is strongly supported by the commercial, retail, and industrial real estate industry, is a bill that seeks to fix some issues related to the states ADA laws which we believe will decrease lawsuits while increasing accessibility.
SB 251 (Roth; D-Riverside) is a balanced approach between preserving the civil rights of those who are disabled to ensure access to all public accommodations, and limiting the number of frivolous lawsuits threatened or filed against businesses that do not improve accessibility.
The bill passed the Senate Judiciary Committee and the Senate Governance and Finance Committee this week with unanimous support.
SB 251 seeks to incentivize businesses to proactively take steps to become accessible by providing them with 90 days from receiving a Certified Access Specialist (CASp) report to resolve any violations identified without being subject to statutory penalties or litigation costs. This proposal will assist businesses that are trying to ensure they are compliant with the law from being subject to frivolous claims or litigation.
SB 251 also provides a limited time period for businesses to resolve minor, technical construction-related standards that do not actually impede access to the public accommodation. Specifically, SB 251 provides businesses with 15 days from the service of the summons and complaint to resolve any alleged violation regarding signage, parking lot striping, and truncated domes.
This limited period will provide a business owner the opportunity to devote financial resources to resolving these minor issues before being subjected to statutory penalties and attorney fees.
