BILL ANALYSIS �
AB 2282
Page 1
Date of Hearing: May 8, 2012
ASSEMBLY COMMITTEE ON JUDICIARY
Mike Feuer, Chair
AB 2282 (Berryhill) - As Amended: March 29, 2012
As Proposed to be Amended
SUBJECT : DISABILITY ACCESS VIOLATIONS: INJUNCTIVE RELIEF
KEY ISSUE : SHOULD THE CALIFORNIA COMMISSION ON DISABILITY
ACCESS BE TASKED WITH ANALYZING AND REPORTING TO THE LEGISLATURE
REGARDING THE STANDARDS FOR SEEKING A COURT ORDER TO CORRECT A
VIOLATION OF DISABILITY ACCESS LAWS, CONSISTENTLY WITH THE
PURPOSE FOR WHICH THE COMMISSION WAS ESTABLISHED?
FISCAL EFFECT : As currently in print this bill is currently
keyed non-fiscal.
SYNOPSIS
Responding to concerns expressed by businesses in his district,
the author brings this measure to require further analysis of
the law regarding who may seek injunctive relief to correct
violations of disability access laws in places of public
accommodation. As proposed to be amended, the bill requires the
California Commission on Disability Access to analyze and make
recommendations to the Legislature regarding whether compliance
with state and federal construction-related disability
accessibility laws would be improved by changes to state rules
regarding legal standing for actions seeking injunctive relief
to correct alleged violations of disability access laws or the
manner by which these claims are pleaded. The analysis notes
that this is consistent with the purpose and expertise of the
Commission, an independent state agency established with
bipartisan support and composed of representatives from the
business and disability communities. As proposed to be amended,
the bill has no known opposition.
SUMMARY : Invokes the expertise of the California Commission on
Disability Access to consider and report to the Legislature on
potential reforms of disability access law. Specifically, this
bill requires the California Commission on Disability Access to
analyze and make recommendations to the Legislature regarding
whether compliance with state and federal construction-related
AB 2282
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disability accessibility laws would be improved or potentially
deterred by changes to state rules regarding legal standing for
actions seeking injunctive relief to correct alleged violations
of disability access laws or the manner by which these claims
are pleaded. This study and recommendation shall be undertaken
promptly in light of urgent concerns among some businesses
regarding alleged misuse of existing law, consistent with other
pending projects of the Commission.
EXISTING LAW:
1)Provides under the federal Americans with Disabilities Act
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. Section 12181.)
2)Provides that individuals with disabilities or medical
conditions have the same right as the general public to the
full and free use of the streets, highways, sidewalks,
walkways, public buildings, medical facilities, including
hospitals, clinics, and physicians' offices, public
facilities, and other public places. Further provides that a
violation of the right of an individual under the ADA also
constitutes a violation of state law. (Civil Code section 54.
All further statutory references are to this code unless
otherwise noted.)
3)Provides that individuals with disabilities shall be entitled
to full and equal access to public accommodations, subject
only to the conditions and limitations established by law, or
state or federal regulation, and applicable alike to all
persons. Further provides that individuals with disabilities
shall be entitled to full and equal access to all housing
accommodations offered for rent or lease, subject to the
conditions and limitations established by law. (Section
54.1.)
4)Provides that all persons within the jurisdiction of this
state are free and equal, and no matter what their sex, race,
color, religion, ancestry, national origin, disability, or
medical condition are entitled to the full and equal
accommodations, advantages, facilities, privileges, or
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services in all business establishments of every kind
whatsoever. (Section 51.)
5)Pursuant to SB 1608, provides for the California Commission on
Disability Access (CCDA), an independent state agency composed
of 19 members representing business groups and disability
rights advocates, with the general responsibility for
monitoring disability access compliance in California, and
making recommendations to the Legislature for necessary
changes in order to facilitate implementation of state and
federal laws on disability access. (Gov. Code Sec. 8299 et
seq.)
COMMENTS : The author conveys concern among businesses in his
district that claims for injunctive relief are made against them
for violating disability access laws. As proposed to be
amended, the bill submits the issue for further consideration
and recommendations by the California Commission on Disability
Access (CCDA) - an independent state agency with expertise in
these issues, established as the result of a bipartisan and
bicameral effort with disability rights organizations and
business advocates over a period of years pursuant to SB 1608
(Corbett and Harman) in 2008. That measure was the product of
extended and careful consideration by thoughtful legislators and
members of the disability and business communities including
Disability Rights California, the California Chamber of
Commerce, California Foundation for Independent Living Centers,
California Restaurant Association, Business Properties
Association, California Hotel Association and several others.
Among other reforms, SB 1608 established the California
Commission on Disability Access "to develop�] recommendations
that will enable persons with disabilities to exercise their
right to full and equal access to public facilities, and that
will facilitate business compliance with the laws and
regulations to avoid unnecessary litigation." (Government Code
section 8299.) The Commission is required to conduct studies
and make reports to the Legislature. The CCDA is composed of 19
members: two Senators and two Assembly Members; two public
members appointed by the Senate Committee on Rules (one from the
disability community and one from the business community); two
public members appointed by the Speaker of the Assembly (one
from the disability community and one from the business
community); nine public members appointed by the Governor,
subject to confirmation by the Senate (five from the disability
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community and four from the business community); the Attorney
General; and the State Architect. The CCDA seeks to balance the
number of appointees from the disability community and from the
business community. The Members of the Legislature, by their
offices, represent the state's interest in ensuring compliance
with the full and equal access laws. The State Architect and
the Attorney General are included for their expertise. The
Governor's appointees from the disability community must
represent a cross-section of people with disabilities, including
a person with a physical disability, a person who is visually
impaired or blind, a person who is with a cognitive disability,
and a person who is hearing impaired or deaf.
The CCDA meetings are subject to the Bagley-Keene Open Meeting
Act, meaning that all meetings are noticed and its agenda is
published. The meetings are also open to the public and
accessible to all.
By referring the issue of injunctive relief to the experts
comprising the Commission, this bill is in accord with the
fundamental role the Legislature established for the Commission,
and it respects the efforts of the many stakeholders who
produced the historic reforms of SB 1608 and who have worked
hard to make the CCDA a success.
Author's Amendments to Refocus Bill Consistently With Existing
Legislative Scheme. In order to make use of the California
Commission on Disability Access established by SB 1608 and as
intended by the authors and supporters of that landmark
bipartisan measure, the author appropriately proposes to amend
the bill by substituting the following:
SEC. 1.
The Leg finds and declares that:
The California Commission on Disability Access was established
pursuant to Chapter 3.7 of Division 1 of Title 2 of the
Government Code as a bipartisan entity, composed of
representatives of business community, disability community, as
well as the State Architect and the Attorney General.
Among the purposes of the Disability Access Commission is to
develop recommendations that will enable persons with
disabilities to exercise their right to full and equal access to
AB 2282
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public facilities, and that will facilitate business compliance
with the laws and regulations to avoid unnecessary litigation.
SEC. 2
The California Commission on Disability Access shall analyze and
make recommendations to the Legislature regarding whether
compliance with state and federal construction-related
disability accessibility laws would be improved or potentially
deterred by changes to state rules regarding legal standing for
actions seeking injunctive relief to correct alleged violations
of disability access laws or the manner by which these claims
are pleaded. This study and recommendation shall be undertaken
promptly in light of urgent concerns among business regarding
alleged misuse of existing law, consistently with other pending
projects of the Commission.
REGISTERED SUPPORT / OPPOSITION :
Support (As Proposed to be Amended)
None on file
Opposition (As Proposed to be Amended)
None on file
Analysis Prepared by : Kevin G. Baker / JUD. / (916) 319-2334