ADA/California Disability Law Reform
Bottom line message:
California’s Disability Laws pertaining to access must be reformed in order to stop the onslaught of meritless ADA lawsuits that have plagued restaurateurs and other businesses. This year, reform is being discussed by relevant parties in part due to pressure applied by the restaurant industry. An ADA “spot bill,” SB 747, is currently in progress. This bill is a bipartisan effort authored by Senators Corbett-D, Calderon-D, Harman-R, Runner-R and Steinberg-D. While the details are not yet in the bill, we are encouraging the legislature to amend in a right-to-cure provision. The CRA supports reform that would help reduce needless litigation and provide a right-to-cure for employers who are proactive in ensuring their facilities are accessible to persons with disabilities.
Background:
The Americans with Disability Act (ADA) is a federal law that protects disabled persons from discrimination. California has its own disability laws, however they allow for substantial monetary damages in addition to the attorneys’ fees and injunctive relief allowed under the ADA. In 1992, California’s disability laws were amended to state that a violation of the ADA shall also constitute a violation of California’s disability laws.
The problems are: federal standards are different than California standards and both sets of standards are very exacting—down to inches and degrees. A violation of federal laws and standards is automatically a violation of California law; standards continuously change without notice and, in many instances, local governments do not check for or enforce the ADA. Thus, less than two percent of public buildings in California are in compliance with disability laws and standards.
California’s laws related to disability access include a couple of statutes often raised in ADA lawsuits: the Unruh Civil Rights Act and the California Disabled Persons Act (DPA). Under the Unruh Act, a plaintiff can recover a maximum of three times the amount of damages, but in no case less than $4,000 per violation. Under the DPA, a plaintiff can recover a maximum of three times the amount of damages, but in no case less than $1,000 per violation. Disability laws are primarily enforced by private right of actions. Thus, California’s disability laws have built-in incentives for abuse including one-sided attorneys’ fees and substantial monetary damages.
Talking points:
The CRA supports reform that would help discourage meritless litigation and supports establishing a right-to-cure for employers who are proactive in ensuring that their facilities are accessible to disabled persons. California business owners have been particularly hard hit with disabled access private attorney general litigation. This is in large part due to California’s disability laws pertaining to access. Under the federal disability law, a private plaintiff is entitled to injunctive relief and attorneys’ fees. However, under California law, a plaintiff is not only entitled to their attorneys’ fees and injunctive relief but can also recover substantial monetary damages.
California’s disability laws have built-in incentives for abuse of the legal system. Such lawsuit abuse is rampant by trial attorneys and plaintiffs more interested in monetary rewards than in ADA compliance. Many of the lawsuits are over innocent minor infractions rather than deliberate attempts to circumvent the law. Due to the exorbitantly high costs of defending and litigating frivolous lawsuits, many business owners feel coerced into quick out-of-court settlements.
The CRA fully supports the goals of federal and state disability and access laws and encourages our members to be compliant with the laws and standards; our member restaurateurs want to be fully compliant with these laws as well. However, there are many good faith reasons why a business owner may not be in full compliance at all times. Less than two percent of public buildings are in compliance. The CRA is concerned with the frivolous ADA lawsuits that have plagued restaurateurs acting in good faith.