SB 1142

Bill Subjects

Abstract

(1) Existing law prohibits discrimination on the basis of various specified personal characteristics, including disability. Existing law provides that individuals with disabilities are entitled to full and equal access to places to which the general public is invited, subject to specified conditions and limitations. This bill would provide that when there is a conflict or difference between the federal Americans with Disabilities Act of 1990 and any state law, standard, or regulation relating to the access of individuals with disabilities to any place to which the general public is invited, the federal Americans with Disabilities Act of 1990 shall control. (2) Existing law allows a plaintiff to collect statutory damages in a construction-related accessibility claim against a place of public accommodation only if a violation of a construction-related accessibility standard denied the plaintiff full and equal access to the place of public accommodation on a particular occasion, as specified. Existing law reduces a defendant's liability for statutory damages in a construction-related accessibility claim against a place of public accommodation to a minimum of $1,000 for each offense if the defendant demonstrates that it has corrected all construction-related violations that are the basis of a claim within 60 days of being served with the complaint and meets certain requirements, or a minimum of $2,000 for each offense if the defendant has corrected all construction-related violations that are the basis of a claim within 30 days of being served with the complaint and is a small business, as specified. This bill would prohibit a construction-related accessibility claim for statutory damages from being initiated in a legal proceeding against a defendant unless the defendant has been served with a demand letter specifying each alleged violation of a construction-related accessibility standard and the alleged violations have not been corrected within 120 days of service. The bill would provide that a defendant is not liable for statutory damages, costs, or plaintiff's attorney's fees for an alleged violation that is corrected within 120 days of service of a demand letter alleging the violation.