Bill to Balance Protecting the Rights of People with Disabilities and the Rights of Business Owners Passes the Senate Floor

 Bill to Balance Protecting the Rights of People with Disabilities and the Rights of Business Owners Passes the Senate Floor

 

On Wednesday, Senate Bill 84 passed the Senate floor. This bipartisan bill with five joint authors creates a “right to cure” opportunity for businesses to fix construction-related deficiencies. SB 84 grants businesses the ability to fix a violation and increase access for people with disabilities while reducing lawsuit abuse that harms businesses.

After the passage, Senator Roger Niello (R-Fair Oaks) who introduced the legislation said, “People with disabilities deserve accessibility, and businesses deserve the opportunity to fix compliance issues before facing harsh legal consequences. I am glad to be part of the solution that strengthens disability rights while safeguarding small businesses from exploitative lawsuits.”

Senator Angelique Ashby (D-Sacramento) is a joint author of the bill who expressed her support by stating, “Small businesses represent a significant percentage of our workforce. This issue is critical to ensuring their ability to succeed in California. Senate Bill 84 is carefully crafted to both support small business and to protect access for all in communities across the Golden State.”

Another joint author of SB 84, Senator Anna M. Caballero (D-Merced), stated, “This bipartisan bill protects small businesses who are accused of failing to provide adequate, safe disability access to their premises as required by state law—by requiring that they be given notice of the violation and the opportunity to cure or fix the violation before a lawsuit can be filed. This "right to cure" benefit will protect the rights of those who are less able-bodied and will reduce costly legal expenses.”

Senator Sasha Renée Pérez (D-Pasadena) shared, “Many business owners—especially those from immigrant communities whose first language is not English—have been pressured into settling unfounded lawsuits out of fear of losing everything they have worked for. SB 84 offers small businesses the opportunity to resolve ADA compliance issues while ensuring people with disabilities have a better experience.”

Senate Assistant Majority Leader Senator Dr. Aisha Wahab (D-Silicon Valley) is also a joint author, and she illustrated the importance of a fair approach of the legislation when she asserted, “SB 84 respects the rights of people with disabilities to have equitable access and ensures immigrant small business owners have the chance to correct mistakes and keep community-serving businesses open—rather than being immediately penalized. This is a win for hardworking entrepreneurs and our disability community.”

The highlights from the SB 84 presentation is available here. The bill now heads to the Assembly.