Category: Lawsuit Law,

Senate bill 1186 signed by Governor Brown will help end ADA accessibility law suits early. Thousands of ADA accessibility law suits have been filed by less than a dozen California attorneys in the last five or six years. These lawsuits sought to take advantage of the California Civil Right law which sets statutory damages of four thousand dollars ($4,000) for each event of discrimination. Under these laws businesses open to the public could face a four thousand dollar ($4,000) penalty for each time a “Drive By” serial ADA plaintiff came to the property.

A California business is considered to have violated the civil rights of a disabled person if the business premises which are open to the public are not accessible. To be accessible business premises must comply with detailed accessibility requirements contained in both State and Federal law. Most businesses in California do not meet all of the current accessibility requirements.

Under Senate Bill 1186 a property which was built or altered under a building permit could request an Early Evaluation Conference (EEC). At the EEC the judge or other court officer can review the case to see if the matter can be settled early and without the payment of substantial damages and without affording the
plaintiff the chance to run up a large attorney fee claim. If you are sued for violation of ADA access laws, act immediately and contact our office at 1(916) 660-1916.