AB 1757

Bill Subjects

Abstract

The Unruh Civil Rights Act (Unruh Act) requires persons within the jurisdiction of the state to be free and equal and, regardless of the person's sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status to be entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments, as prescribed, and makes a violation of the federal Americans with Disabilities Act of 1990 (ADA) a violation of the act. Existing law imposes liability upon a person who denies, aids, or incites a denial of, or makes any discrimination or distinction contrary to, rights afforded by law for actual damages suffered, exemplary damages, a civil penalty, and attorney's fees, as specified, to any person who was denied the specified rights. Existing law also imposes liability upon a person, firm, or corporation that denies or interferes with admittance to, or enjoyment of, public facilities or otherwise interferes with the rights of an individual with a disability, as specified, for damages and attorney's fees to a person who was denied those rights. This bill would provide that statutory damages on the basis of a specific accessibility barrier on an internet website under these provisions shall only be recovered against an entity, as defined, if the internet website is not accessible, as defined. The bill would require, for a plaintiff to be entitled to statutory damages on the basis of a specific accessibility barrier that constitutes a violation of the Unruh Act by violating the ADA, the plaintiff to prove either that the plaintiff personally encountered a specific barrier that caused the plaintiff to experience a difference in the plaintiff's access to, or use of, the internet website as compared to other users because the internet website was not accessible or that the plaintiff was deterred from accessing or using all or part of the internet website or the content of the internet website because the internet website was not accessible. The bill would prohibit, in a civil action seeking statutory damages under the Unruh Act and the other provisions described above therewith on the basis of a specific accessibility barrier, as defined, on an entity's internet website that is a violation of the ADA, the entity from being liable for those damages if the entity establishes, as an affirmative defense to the claim, certain elements, including that the entity identified the specific accessibility barrier in a digital accessibility report posted on the accessibility page, as specified, of its internet website. This bill would make it unlawful for a resource service provider, as defined, in exchange for remuneration, to intentionally, negligently, recklessly, or knowingly construct, license, distribute, or maintain for online use an internet website that is not accessible or any resource or part of an internet website that, when used by the entity in accordance with any instructions provided by the resource provider, causes an entity's internet website to be inaccessible. The bill would also make it unlawful for a resource provider to intentionally, negligently, knowingly, or recklessly make certain false representations, including that the internet website is accessible or conforms to the internet website accessibility standard, as defined. The bill would authorize a civil action by, among others, an individual or entity that pays, compensates, or contracts with a resource service provider to construct, license, distribute, or maintain an internet website that is accessible who is injured as a result of the defendant's violation of the bill and reasonably relied upon the resource provider to ensure that the internet website, or a part of the internet website, is accessible, with remedies as prescribed. The bill would also authorize the Attorney General, the Civil Rights Department, or a district attorney, county counsel, or city attorney to bring an action to obtain injunctive or declaratory relief and attorney's fees and costs. The bill would provide, subject to an exception, that a provision within a contract between an individual or entity and a resource service provider that seeks to waive liability under these provisions, or otherwise shift liability to a person or entity that pays, compensates, or contracts with the resource provider, as provided, is void as a matter of public policy and subject to specified provisions of the Ralph Civil Rights Act of 1976 relating to waiver of rights.