BILL NUMBER: AB 2282	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Bill Berryhill

                        FEBRUARY 24, 2012

   An act to amend Section 54.3 of the Civil Code, relating to
disabled persons.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2282, as introduced, Bill Berryhill. Disabled persons: equal
access remedies.
   Existing law provides that individuals with disabilities shall be
entitled to full and equal access to specified facilities and places
and other places to which the general public is invited, subject only
to conditions and limitations established by law. Existing law
provides that a person, firm, or corporation who denies or interferes
with admittance to or enjoyment of those public facilities, or
otherwise interferes with the rights of an individual with a
disability under those provisions, is liable for specified damages.
Existing law also allows a person who claims to be aggrieved by an
alleged unlawful practice in violation of those provisions to file a
verified complaint with the Department of Fair Employment and Housing
pursuant to certain provisions of law.
   This bill would make technical, nonsubstantive changes to these
provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 54.3 of the Civil Code is amended to read:
   54.3.  (a)  Any   A  person or persons
 ,   who, or a  firm or corporation
 who   that,  denies or interferes with
admittance to  ,  or enjoyment of  the 
 ,  public facilities  ,  as specified in Sections
54 and 54.1  ,  or otherwise interferes with the rights of
an individual with a disability  under  
pursuant to  Sections 54, 54.1  ,  and 54.2  ,
 is liable for each offense for the actual damages  suffered
by a person denied any of the rights provided in Sections 54, 
 54.1, and 54.2,  and any amount as may be determined by a
jury, or the court sitting without a jury, up to a maximum of three
times the amount of actual damages  ,  but in no case less
than one thousand dollars ($1,000),  and   in
addition to  attorney's fees as may be determined by the court
 in addition thereto, suffered by any person denied any of
the rights provided in Sections 54, 54.1, and 54.2  .
"Interfere," for purposes of this section, includes, but is not
limited to, preventing or causing the prevention of a guide dog,
signal dog, or service dog from carrying out its functions in
assisting a disabled person.
   (b)  Any   A  person who claims to be
aggrieved by an alleged unlawful practice in violation of Section 54,
54.1, or 54.2 may also file a verified complaint with the Department
of Fair Employment and Housing pursuant to Section 12948 of the
Government Code. The remedies in this section are nonexclusive and
are in addition to any other remedy provided by law, including, but
not limited to,  any   an  action for
injunctive or other equitable relief available to the aggrieved party
or brought in the name of the people of this state or of the United
States.
   (c) A person  may   shall  not be held
liable for damages pursuant to both this section and Section 52 for
the same act or failure to act.