BILL ANALYSIS Ó SENATE JUDICIARY COMMITTEE Senator Hannah-Beth Jackson, Chair 2015-2016 Regular Session AB 1521 (Committee on Judiciary) Version: August 17, 2015 Hearing Date: Aug 25, 2015 Fiscal: Yes Urgency: Yes NR SUBJECT Disability access: construction-related accessibility claims DESCRIPTION This bill would make various changes to the law as it pertains to construction-related accessibility claims including: requiring a high frequency litigant, as defined, to include additional information in a complaint and pay $1,000 in addition to the filing fee, as specified; requiring the existing advisory, which must be provided to a defendant with each demand letter or complaint, to include additional information regarding the rights and obligations of business owners and commercial tenants, as specified; requiring an attorney to provide a defendant or potential defendant with an answer form developed by the Judicial Council, which would allow a defendant to respond in the event a complaint is filed, as specified; requiring, if requested by the defendant, the court to order the parties and their counsel to meet at the subject premises to jointly inspect the premises, as specified; requiring property owners to indemnify a microbusiness tenant, as defined, from liability arising from any construction-related accessibility claims, as specified; and specifying that attorneys and/or plaintiffs must certify that specified conditions have been met, including, but not limited to, that the action is not being presented primarily for an improper purpose, such as to harass or to cause unnecessary delay, as specified. BACKGROUND AB 1521 (Committee on Judiciary) Page 2 of ? Since 1969, persons with disabilities have enjoyed protection under Civil Code Sections 54 and 54.1, which entitle individuals with disabilities and medical conditions to full and free access to and use of roadways, sidewalks, buildings and facilities open to the public, hospitals and medical facilities, and housing. After Congress enacted the Americans with Disabilities Act (ADA) in 1990, the state made a violation of the ADA also a violation of Section 54 or 54.1. The state protections provided to disabled persons are comparatively higher than those provided under the ADA and are independent of the ADA. Additionally, under the Unruh Civil Rights Act, all persons, regardless of sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, or sexual orientation are entitled to full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever. (Civil Code Sec. 51.) A violation of the ADA also constitutes a violation of Section 51. A violation of that section subjects a person to actual damages incurred by an injured party, plus treble actual damages, but in no event less than $4,000, and any attorney's fees as the court may determine to be proper. (Civil Code Sec. 52.) The California Legislature has taken further steps to ensure disability access laws are complied with. SB 262 (Kuehl, Chapter 872, Statutes of 2003) established in the Division of the State Architect, a voluntary "access specialist certification program" in order to assist business and property owners in complying with ADA and state access laws. In 2003 and 2005, several bills were introduced after multiple lawsuits were filed in state court by a few plaintiffs and attorneys against business owners and operators for allegedly technical violations of the state's access or ADA regulations. (SB 69 (Oller, 2003), AB 209 (Leslie, 2003), AB 20 (Leslie, 2005), SB 855 (Poochigian, 2005).) Three of those bills would have required a plaintiff to undertake prelitigation steps prior to the filing of a complaint, including providing notice to the owner of the property or business of the alleged violations, and provided a specified time period for the owner or business to cure the violations. One bill, (AB 20, Leslie, 2005) would have precluded an action for damages for a de minimus violation, allowing only injunctive relief and attorney's fees. All of AB 1521 (Committee on Judiciary) Page 3 of ? those bills failed passage in the Judiciary Committees of their respective houses. In 2008, two bills were introduced relating to disability access. AB 2533 (Keene, 2008) and SB 1766 (McClintock, 2008) would have both imposed prelitigation hurdles on plaintiffs claiming violations of construction-related disability access laws. Both of these bills failed in the Judiciary Committees of their respective houses. In 2011, SB 783 (Dutton, 2011) would have established notice requirements for an aggrieved party to follow before he or she can bring a disability access suit and given the business owner a 120-day time period to remedy the violation. That bill failed passage in this Committee. Alternatively, SB 1608 (Corbett et al., Ch. 549, Stats. 2008), which took effect January 1, 2009, did not create any pre-litigation hurdles for a person with a disability but instead, among other things, provided for an early evaluation of a filed complaint if the defendant is a qualified defendant who had the identified place of public accommodation inspected and determined to meet applicable physical access standards by a state Certified Access Specialist (CASp) prior to the filing of the complaint. In 2012, Senators Steinberg and Dutton authored SB 1186 (Ch. 383, Stats. 2012) which sought to comprehensively address continued issues with disability litigation. SB 1186 created a number of protections for small businesses and defendants who had, prior to a claim being filed, sought out a CASp inspection. These protections included reduced minimum statutory damages, early evaluation conferences, and mandatory stays of court proceedings while the violations were corrected. That bill also prevented the stacking of multiple claims to increase damages, banned pre-litigation demands for money, and increased data collection regarding alleged access violations. Subsequently, data collected by the California Commission on Disability Access indicated that of the 5,392 access-related complaints filed between September 2012 and October 2014, 54 percent of the cases were filed by two law firms, and 14 plaintiffs were involved in 46 percent of the cases. Accordingly, this bill seeks to further limit the practice of high-volume lawsuits by, among other provisions, placing additional procedural requirements on high frequency litigants and attorneys. AB 1521 (Committee on Judiciary) Page 4 of ? CHANGES TO EXISTING LAW 1.Existing federal law , the Americans with Disabilities Act (ADA), provides that no individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases, or leases to, or operates a place of public accommodation. (42 U.S.C. Sec. 12182.) Existing law , the Unruh Civil Rights Act, declares that all persons, regardless of sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, or sexual orientation are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever. (Civ. Code Sec. 51 et seq.) Existing law requires that an attorney who provides a demand letter must do the following: include the attorney's State Bar license number in the demand letter; and provide a copy of the demand letter to the State Bar and the California Commission on Disability Access. (Civ. Code Sec. 55.32(a) and (b), repealed January 1, 2016.) Existing law provides that statutory damages may be recovered in a construction-related accessibility claim only if a violation or violations of one or more construction-related accessibility standards denied the plaintiff full and equal access to the place of public accommodation on a particular occasion, by personally encountering the violation or being deterred from accessing the public accommodation on a particular occasion. (Civ. Code Sec. 55.56.) AB 1521 (Committee on Judiciary) Page 5 of ? Existing law requires a plaintiff in a construction-related accessibility claim to state facts sufficient to allow a reasonable person to identify the basis of the violation or violations supporting the claim, including a plain language explanation of the specific access barrier or barriers the individual encountered, the location of the barrier, how the barrier denied the individual access, and the day or dates on which the plaintiff was deterred. (Code Civ. Proc. Sec. 425.50.) Existing law reduces a defendant's minimum liability for statutory damages in a construction-related accessibility claim against a place of public accommodation to $1,000 for each unintentional offense if the defendant has had a CASp inspection, or occupies a building constructed after 2008, and corrected all construction-related violations that are the basis of the claim within 60 days of being served with the complaint. (Civ. Code Sec. 55.56(f)(1).) Existing law reduces a defendant's minimum liability for statutory damages to $2,000 for each unintentional offense if the defendant has corrected all construction-related violations that are the basis of the claim within 30 days of being served with the complaint and the defendant is a small business, defined as less than $3.5 million in gross receipts and 25 or fewer employees, on average, over the past three years. (Civ. Code Sec. 55.56(f)(2).) This bill would additionally require that any complaint filed by a high frequency litigant state the following: that the complaint is filed by, or on behalf of, a high-frequency litigant. the number of complaints alleging a construction-related accessibility claim that the high-frequency litigant has filed during the past 12 months, as specified; the reason the individual was in the geographic area of the defendant's business, as specified; and the reason why the individual desired to access the defendant's business, including the specific commercial, business, personal, social, leisure, recreational, or other purpose, as specified. This bill would require that any complaint alleging a construction-related accessibility violation be signed by the AB 1521 (Committee on Judiciary) Page 6 of ? attorney of record, or party if the plaintiff is representing himself, and that the signature certifies the following: it is not being presented primarily for an improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation; the claims, defenses, and other legal contentions therein are warranted by existing law; the allegations and other factual contentions have evidentiary support, as specified; and the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on a lack of information or belief. This bill would state that a court may, after notice and a reasonable opportunity to respond, impose sanctions on an attorney for violation of the above requirements. 1.Existing law requires that a written advisory, with information about state access laws, be provided by an attorney to the defendant along with the initial demand letter or complaint. (Civ. Code Secs. 55.3 and 55.54) Existing law provides that upon being served with a complaint asserting a construction-related accessibility claim, a defendant may move for a 90-day stay and early evaluation conference if the defendant is: until January 1, 2018, a defendant whose site was approved pursuant to the local building permit and inspection process after January 1, 2008, and the defendant declares that all violations have been corrected, or will be corrected within 60 days of being served the complaint; a defendant whose site had new construction or improvement that was approved by a local public building department inspector who is a CASp and the defendant declares that all violations have been corrected, or will be corrected within 60 days of being served the complaint; or a defendant who is a small business, as described, and the process and the defendant declares that all violations have been corrected, or will be corrected within 30 days of being served the complaint. (Civ. Code Sec. 55.54.) This bill would revise the written advisory to include additional information about liability allocation for construction-related accessibility claims, and state that some defendants may be able to reduce damages. AB 1521 (Committee on Judiciary) Page 7 of ? This bill would require the Judicial Council, on or before July 1, 2016, to develop a form for defendant businesses to respond to a complaint alleging a construction-related accessibility violation which includes the following information: space for specific denials of the allegations in the complaint, including whether the plaintiff has demonstrated that he or she was denied full and equal access to the place of public accommodation on a particular occasion; space for potential affirmative defenses available to the defendant, including an assertion that the defendant's landlord is responsible; any request to meet in person at the subject premises; whether the defendant qualifies for reduced damages; and instructions to a defendant who wishes to file the form as an answer to the complaint. This bill would additionally allow a defendant business who has been served with a complaint by a high frequency litigant to request for a court stay and early evaluation conference. This bill would require the court to order, upon a defendant's request, the parties and their counsel to meet at the subject premises to jointly inspect the premises and review any issues that are claimed to constitute a violation of a construction-related accessibility standard. This bill would authorize the court to excuse a plaintiff who is unable, for good cause, to meet in person at the subject premises to be excused from participating in a site visit, as specified. This bill would define a high frequency litigant as: a plaintiff who has filed 10 or more complaints alleging a construction-related accessibility violation within the 12-month period immediately preceding the filing of the current complaint alleging a construction-related accessibility violation; or an attorney who has represented 10 or more plaintiffs who were high-frequency litigants at the time when complaints alleging construction-related accessibility violations were filed on their behalf within the 12-month period immediately preceding the filing of the current complaint alleging a construction-related accessibility violation. AB 1521 (Committee on Judiciary) Page 8 of ? This bill makes various findings and declarations including: a very small number of plaintiffs have filed a disproportionately large number of the construction-related accessibility claims in the state, from 70 to 300 lawsuits each year; these lawsuits are frequently filed against small businesses on the basis of boilerplate complaints, apparently seeking quick cash settlements rather than correction of the accessibility violation; and this practice unfairly taints the reputation of other innocent disabled consumers who are merely trying to go about their daily lives accessing public accommodations as they are entitled to have full and equal access under the state's Unruh Civil Rights Act. This bill would require a high frequency litigant to pay $1000, in addition to the first filing fee, to be divided evenly between the trial court trust fund and the General Fund for use, as specified, by the California Commission on Disability Access. COMMENT 1.Stated need for the bill According to the author: California has approximately 3.3 million small businesses. According to data compiled by the Commission, from January 2014 until January 2015, 3,468 demand letters and complaints were filed in the state. This means that less than one percent of small businesses (and a far smaller percentage of all businesses) were sued in 2014 for violations of construction-related accessibility standards. Nevertheless, some of the information reported to the Commission is alarming in terms of the number and frequency of construction-related accessibility lawsuits being filed by a small number of law firms in California. According to the Commission, between September 2012 and October 2014, 5,392 complaints (including demand letters) were filed (in both state and federal courts). More than half (54 percent) of the complaints were filed by just two law firms. Forty-six percent of all complaints were filed by just 14 parties. These figures indicate that the vast majority of the AB 1521 (Committee on Judiciary) Page 9 of ? construction-related accessibility lawsuits filed in this state are filed by a very small number of plaintiffs and their attorneys. AB 1521 seeks to limit the practice of high-volume lawsuits motivated by the goal of obtaining quick settlements with business owners, rather than correcting violations of construction-related accessibility standards. 2.High frequency litigants This bill would impose additional procedural requirements on "high frequency litigants (HFL)," defined as a plaintiff who has filed 10 or more complaints alleging a construction-related accessibility violation within the past 12 months, or an attorney who has represented 10 or more HFL plaintiffs in the 12 months immediately preceding the filing of the current complaint alleging a construction-related accessibility violation. The Consumer Attorneys of California (CAOC) write in support: We are working in good faith to find a solution that both enhances disability access compliance, yet stops the abusive practices of some attorneys who are suing small businesses for fees, not compliance. We think the practices of these few attorneys and plaintiffs who seek fees and not correction are wrong and are an affront to people with disabilities and the laws this state has enacted to protect the civil rights of those with disabilities. By placing new requirements on disabled litigants, this bill raises the policy question of whether additional burdens should be imposed on one class of plaintiff because of the sheer volume of cases they file, without regard to the merits of each case or legitimacy of the allegations. As discussed below, those additional burdens would require only disabled plaintiffs (and their attorneys) to comply with 1) a heightened pleading standard, 2) a higher filing fee, and 3) a subject premises visit at the request of a defendant. a. Heightened pleading standard This bill would require an HFL to identify himself or herself AB 1521 (Committee on Judiciary) Page 10 of ? as an HFL and to provide specific information in a complaint including the number of complaints alleging a construction-related accessibility violation that the plaintiff has filed during the past 12 months, the reason the individual was in the geographic area of the defendant's business, and the reason why the individual desired to access the defendant's business. As a general rule, information that lacks the ability to prove or disprove an element of a claim lacks relevance and is inadmissible. Relevant information that has the potential to prejudice the trier of fact, be it a judge or jury, is excluded if its probative value is outweighed by the prejudicial effect. With regard to construction-related accessibility violations, a plaintiff is required to prove that he or she encountered an access barrier or was deterred by an access barrier. Accordingly, this bill would appear to require information be provided in the complaint that may not otherwise be admissible because it may not prove or disprove an element of the claim. b. Higher filing fee This bill would require HFLs to pay, in addition to the standard filing fee, a $1,000 fee which would be divided equally between the Trial Court Trust Fund and the General Fund for use by the California Commission on Disability Access. To justify treating HFLs differently than other plaintiffs, this bill contains Legislative findings and declarations including that "more than one-half, or 54 percent, of all construction-related accessibility complaints filed between 2012 and 2014 were filed by two law firms. Forty-six percent of all complaints were filed by a total of 14 parties. Therefore, a very small number of plaintiffs have filed a disproportionately large number of the construction-related accessibility claims in the state, from 70 to 300 lawsuits each year. Moreover, these lawsuits are frequently filed against small businesses on the basis of boilerplate complaints, apparently seeking quick cash settlements rather than correction of the accessibility violation. This practice unfairly taints the reputation of other innocent disabled consumers who are merely trying to go about their daily lives accessing public accommodations as they are entitled to have full and equal access under the state's Unruh Civil Rights Act ? and the federal Americans AB 1521 (Committee on Judiciary) Page 11 of ? with Disability Act of 1990 ...." As a matter of practice, civil laws, including the ADA and Unruh, are enforced through private actions. The ability to seek relief when access has been denied due to a construction-related access violation is the right of a disabled person in the same way that a woman who has been passed over for a promotion because of her gender or a minority who was refused service based on his race, has the right to sue the person who discriminated against them. The author and the proponents of this bill have not alleged that the HFLs are bringing unmeritorious cases, but instead that they are filing too many cases without seeking compliance from business owners. c. Subject premises visit This bill would require the court, if requested by a defendant who qualifies for an early evaluation conference (see Comment 3(b) below), to order the parties and their counsel to meet at the subject premises to inspect the issues that are the basis of the claim, and would allow a court to excuse a plaintiff from this meeting for good cause. The author writes that "for the small number of plaintiffs who have a practice of filing large numbers of ADA lawsuits, hoping for quick settlements ? this requirement is extremely burdensome. For plaintiffs who seek redress (and correction) of ADA violations, this process is an effective way to reach a mutually agreeable compromise and avoid the process of litigation." Staff notes that this requirement would not be limited to HFLs. Any qualified defendant (e.g., a small business, a CASp-inspected business; new construction; or a business sued by an HFL) could require the court to order this meeting. Once requested by a qualified defendant, a plaintiff would have to show "good cause" for why he or she should be excused from this requirement, which may be a burden that a self-represented plaintiff would struggle to satisfy. This bill does not define "good cause," but raises the policy question of whether a person should be required to return to the scene where he or she was denied access and potentially had a painful or highly embarrassing experience. In addition, as noted by the author above, requiring a plaintiff to return to the subject premises could, in many instances, be "extremely burdensome." AB 1521 (Committee on Judiciary) Page 12 of ? 3.Regulating attorneys In addition to regulating litigants, this bill would also define an attorney as a high frequency litigant if he or she represented more than 10 HFL plaintiffs in the 12 months immediately preceding the filing of the current complaint alleging a construction-related accessibility violation. Disability Rights California, in opposition, writes that designating attorneys who specialize in construction-related accessibility litigation as HFLs, will restrict a valuable resource that the disability community relies on when enforcing access laws. Lawyers are not litigants. We concur with the American Civil Liberties Union (ACLU) and other opponents that targeting lawyers in the definition of" high-frequency litigant" means individuals with disabilities will face additional procedural obstacles which further limit their ability to exercise their civil rights for disability access violations. This will occur simply because they chose a lawyer with an active practice and represented 10 people that filed 10 claims in a 12- month period. There is nothing inappropriate with a lawyer having a thriving practice. In fact, these cases may be perfectly lawful and often are the only means to address disability access violations. Assuming that it is appropriate to subject the claims of frequent plaintiffs to these procedures, it is not appropriate to apply these hurdles to the cases filed by those who hire a lawyer to file only one claim. We also believe it is poor public policy and opens the door to a "slippery slope" to impose additional procedural rules on attorneys and their clients based on the number of cases in which the lawyer has been involved. This precedent may spill over into other practice areas, resulting in a chilling effect on the legal profession. Additionally, imposing a higher filing fee of $1000 on a plaintiff who is considered a "high frequency litigant" will also have a chilling effect, limiting access to the courts for many individuals with disabilities who have limited incomes. In support, the Consumer Attorneys of California argue that it AB 1521 (Committee on Judiciary) Page 13 of ? is important to stop "the abusive practices of some attorneys who are filing multiple lawsuits against mostly small businesses and seeking fees, not compliance." The American Civil Liberties Union of California (ACLU), in opposition, further argues that a dangerous precedent to impose special procedural rules on attorneys and their clients based on the number of cases in which the lawyer has been involved. This model could easily be extended to lawyers who represent other unpopular causes and it will do little to curb the practices of unethical attorneys because it would be relatively easy to not trigger the requirement. The ACLU writes, "If there are disreputable lawyers practicing in this area, they cannot do so without a plaintiff. Regulating the cases filed by high-volume plaintiffs, as the bill proposes, will therefore have the desired effect of subjecting potentially suspect cases to greater court scrutiny and supervision without to need to include lawyers in the definition. While it may be imagined that the targeted lawyers will simply find more plaintiffs in an effort to avoid the limits on high-frequency plaintiffs, this fear is belied by the facts and the law. Even assuming that unscrupulous lawyers were attempt to solicit additional plaintiffs to find disability access violations, existing law prohibits this client solicitation. Moreover, it would take 30 people to replace one plaintiff who filed approximately 300 lawsuits in that period. If there was a large pool of people willing to file many cases per year, high-filing plaintiffs would not be the same very small group year after year." This bill would also require that an attorney (or a self-represented litigant) certify that: 1) to the best of the person's knowledge, the complaint is not being presented primarily for an improper purpose; 2) the legal contentions therein are warranted by existing law; 3) the allegations and other factual contentions have evidentiary support or, are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery; and 4) the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on a lack of information or belief. Staff notes that this language is nearly identical to the requirements set forth in the Code of Civil Procedure Section 128.7, which is controlling over construction-related accessibility claims. AB 1521 (Committee on Judiciary) Page 14 of ? 4.Defendants in construction-related accessibility actions This bill would create procedural protections for certain defendant businesses who are served a complaint for an alleged violation of a construction-related accessibility standard, including subject premises meetings and allowing defendants who are sued by an HFL to qualify for a court stay and an early evaluation conference. This bill would also require that the Judicial Council create an answer form for defendants in these actions, which must be provided to a defendant along with a demand letter or complaint. a. Protections for defendants who have not taken steps to bring their businesses into compliance Under existing law there are a few types of qualified defendants who qualify for certain procedural protections when being sued for a construction-related accessibility violation: 1) a small business; 2) a business who has taken certain proactive steps to make its premises compliant with access laws; and 3) businesses whose buildings were constructed or improved after 2008. This bill would, in effect, create a new type of qualified defendant by providing that a business that is sued by an HFL would qualify for a 90-day stay and early evaluation conference as well. As a matter of public policy, protections should arguably be given to vulnerable parties, such as small businesses who may not have the resources or sophistication to ensure a building is compliant, or those who proactively try to bring a building into compliance with existing law, such as businesses who order a certified access specialist (CASp) inspection and are actively trying to fix violations. However, granting protections to businesses that have done nothing to correct access violations would appear to not incentivize business owners to proactively address access issues. In addition, this particular provision may have the unintended consequence of allowing a HFL to get into court earlier than he or she otherwise would have, thus giving them preferential treatment. The author further notes that since early evaluation conferences have been available to certain defendants since (SB 1608 (Corbett), Ch. 549, Stats. 2008) "more attorneys are AB 1521 (Committee on Judiciary) Page 15 of ? choosing to file lawsuits in federal court, perhaps to avoid, among other things, participating in EECs." b. Judicial Council answer form This bill would require the Judicial Council to create an answer form, which would be provided to every defendant in a construction-related accessibility action, and instructions for those defendants who wish to personally file the form as an answer to the complaint. This form would have space for a defendant to respond to allegations in the complaint, list any affirmative defenses, and any other information the defendant thinks is relevant to his or her liability, including whether the defendant believes he or she qualifies for reduced statutory damages. Construction-related access actions are complicated cases. Multiple parties may be liable for violations, and whether or not a property contains a violation depends on many factors. As a practical matter, it is essential that a defendant receiving the form understand that he or she may need to hire an attorney, is not required to use the form, and that, absent legal advice, could inadvertently make damaging admissions. 5.Allocating responsibility between property owner and tenant This bill would require that a property owner indemnify a microbusiness tenant for any construction-related barrier that existed prior to the initiation, renewal, or extension of the lease, as specified. The bill would also allow responsibility for access to be allocated between the property owner and the microbusiness tenant by written agreement. The California Chamber of Commerce, representing a large coalition of organizations, writes, "mandating liability between parties to a contract is a significant interference with the contractual relationship and their ability to negotiate various terms. Moreover, AB 1521 mandates liability onto the owner, despite the potential lack of control over the premises or knowledge of changes to the property that created the 'construction-related barrier.' This mandate will result in more litigation for both the tenant and owner regarding who is responsible when such provisions can already be determined through provisions in a contract." AB 1521 (Committee on Judiciary) Page 16 of ? However, because property owners may often be in a greater position of power than tenants, staff notes that this section of the bill arguably does not go far enough to protect tenants given that it allows property owners and commercial tenants to allocate responsibility through a written agreement. The author has worked diligently to resolve the concerns of various stakeholders and this Committee, but as of yet has been unable to come to a workable solution. Accordingly, the author has agreed to remove this section of the bill. Support : Consumer Attorneys of California Opposition : American Civil Liberties Union of California; California Building Industry Association; California Business Property Association; California Chamber of Commerce; California Citizens Against Law Suit Abuse; California Grocers Association; Californians for Disability Rights, Inc.; California Restaurant Association; Civil Justice Association of California; Disability Rights California; Santa Maria Valley Chamber of Commerce Visitors and Convention Bureau; Southwest California Legislative Council; Torrance Area Chamber of Commerce; United African-Asian Abilities Club HISTORY Source : Author Related Pending Legislation : AB 52 (Gray, 2015) would provide that the defendant's maximum liability for statutory damages in a construction-related accessibility claim against a place of public accommodation is $1,000 for each offense if the defendant has corrected all construction-related violations within 180 days of being served with the complaint. This bill is currently in the Assembly Judiciary Committee. AB 54 (Olsen, 2015) would include any amount paid or incurred by a taxpayer to receive an inspection by a CASp as an eligible access expenditure for the Personal Income Tax Law and the Corporation Tax Law which allows a credit to eligible small businesses for 50 percent of eligible access expenditures. This bill is currently in the Assembly Revenue and Taxation Committee. AB 1521 (Committee on Judiciary) Page 17 of ? AB 1230 (Gomez, 2015) would establish the California Americans with Disabilities Act Small Business Compliance Finance Act to provide loans to assist small businesses finance the costs of projects that alter or retrofit existing small business facilities to comply with the federal American with Disabilities Act. This bill is currently in the Assembly Appropriations Committee. AB 1342 (Steinorth, 2015) would provide additional revenue to the California Commission on Disability Access. This bill is currently in the Assembly Appropriations Committee. AB 1468 (Baker, 2015) would provide that a public entity's possession of a close out letter from the State Architect certifying that the buildings, facilities, and other places meet the applicable construction-related accessibility standards of the federal Americans with Disabilities Act, serves as presumptive evidence of compliance with the federal Americans with Disabilities Act. This bill is currently in the Assembly Judiciary Committee. SB 67 (Galgiani, 2015) would limit recovery against a small business for construction-related accessibility claims to injunctive relief and reasonable attorney's fees, and would allow businesses who have undergone a CASp inspection 120 days to correct violations in order to qualify for reduced statutory minimum damages. SB 251 (Roth, 2015) would provide that a defendant is not liable for certain violations if fixed within 15 days, as specified, and would exempt a defendant from liability for minimum statutory damages with respect to a structure or area inspected by a certified access specialist for a period of 120 days if specified conditions are met. This bill is currently in the Assembly Appropriations Committee. Prior Legislation : SB 1186 (Steinberg and Dutton, Chapter 383, Statutes of 2012) reduced statutory damages and provided litigation protections for specified defendants who timely correct construction-related accessibility violations of the Unruh Civil Rights Act. That bill also banned prelitigation "demands for money" and created rules for demand letters and complaints in claims involving AB 1521 (Committee on Judiciary) Page 18 of ? construction-related accessibility violations. AB 2282 (Berryhill, 2012) would have authorized an aggrieved person to bring a disability access suit only if: (1) the person has suffered an injury in fact; (2) the injury in fact was caused by the violation; and (3) the violation is redressable, was held under submission in the Senate Appropriations Committee. SB 1163 (Walters, 2012) would have established notice requirements for an aggrieved party to follow before he or she can bring a disability access suit and give the business owner a 120-day time period to remedy the violation. If the property owner cures the violation, the aggrieved party cannot receive any damages or attorney's fees, except for special damages. This bill failed passage in this Committee. AB 1878 (Gaines, 2011) which is substantially similar to SB 1163 but applies to "microbusinesses," defined by the bill, failed passage in the Assembly Judiciary Committee. SB 783 (Dutton, 2011), which was identical to SB 1163, failed passage in this Committee. SB 384 (Evans, Ch. 419, Stats. 2011) clarified that attorneys who file complaints or send demand letters related to disability access violations must provide a written notice of legal rights and obligations whether or not the attorney intends to file an action in state or federal court. SB 209 (Corbett & Harman, Ch. 569, Stats. 2009) required a CASp inspection report, to remain confidential rather than be under seal and subject to protective order. SB 1608 (Corbett et al., Ch. 549, Stats. 2008) See Background; Comment 6. SB 1766 (McClintock, 2008) See Background. AB 2533 (Keene, 2008) See Background. SB 855 (Poochigian, 2005) See Background. Prior Vote : Not relevant to current version of this bill. AB 1521 (Committee on Judiciary) Page 19 of ? **************