mark handler
SAWHORSE
by THERESA HARVEY on OCTOBER 24, 2013
For a number of years, the business community has been victim to a small but widely destructive, atypical group of plaintiffs and lawyers using the disability laws and court system to seek monetary profits rather than access. The result has been unnecessary, costly litigation for significant numbers of California businesses across the state, and many of them closing their doors for good. In 2012, California Chamber of Commerce-supported legislation to limit frivolous litigation connected with the Americans with Disabilities Act (ADA) was signed into law. SB 1186 (Steinberg; D-Sacramento/Dutton; R-Rancho Cucamonga; Chapter 383, Statutes of 2012) also promotes increased compliance with disability accessibility building codes throughout the state. California businesses should be aware of two recent updates regarding ADA compliance:
The California Building Standards Commission has adopted the new 2013 California Building Standards Code, which will go into effect early next year.
In conformity with SB 1186, the California Commission on Disability Access (CCDA) has published a list of “Top 10 Demand Letters & Claims.”
Governor Signs Disability Access Reform Bill
Support
(September 20, 2012) California Chamber of Commerce-supported legislation to limit frivolous litigation connected with the Americans with Disabilities Act (ADA) has been signed into law.
SB 1186 (Steinberg; D-Sacramento/Dutton; R-Rancho Cucamonga) also promotes increased compliance with disability accessibility building codes throughout the state.
SB 1186 was developed over the last four months in discussions by the authors, their staffs and a working group including the CalChamber.
As an urgency measure, SB 1186 took effect immediately upon being signed on September 19.
Among other things, SB 1186:
Prohibits prelitigation “demands for money” by attorneys.
Puts into place new provisions to prevent “stacking” of multiple claims to increase statutory damages.
Reduces statutory damages and provides litigation protections for defendants who correct violations.
Establishes priorities for the California Commission on Disabled Accessibility that promote and facilitate disability access compliance.
California has 40% of the nation’s ADA lawsuits but only 12% of the country’s disabled population.
For a number of years, the business community has been victim to a small but widely destructive, atypical group of plaintiffs and lawyers using the disability laws and court system to seek monetary profits rather than access. The result has been unnecessary, costly litigation for significant numbers of California businesses across the state, and many of them closing their doors for good. In 2012, California Chamber of Commerce-supported legislation to limit frivolous litigation connected with the Americans with Disabilities Act (ADA) was signed into law. SB 1186 (Steinberg; D-Sacramento/Dutton; R-Rancho Cucamonga; Chapter 383, Statutes of 2012) also promotes increased compliance with disability accessibility building codes throughout the state. California businesses should be aware of two recent updates regarding ADA compliance:
The California Building Standards Commission has adopted the new 2013 California Building Standards Code, which will go into effect early next year.
In conformity with SB 1186, the California Commission on Disability Access (CCDA) has published a list of “Top 10 Demand Letters & Claims.”
Governor Signs Disability Access Reform Bill
Support
(September 20, 2012) California Chamber of Commerce-supported legislation to limit frivolous litigation connected with the Americans with Disabilities Act (ADA) has been signed into law.
SB 1186 (Steinberg; D-Sacramento/Dutton; R-Rancho Cucamonga) also promotes increased compliance with disability accessibility building codes throughout the state.
SB 1186 was developed over the last four months in discussions by the authors, their staffs and a working group including the CalChamber.
As an urgency measure, SB 1186 took effect immediately upon being signed on September 19.
Among other things, SB 1186:
Prohibits prelitigation “demands for money” by attorneys.
Puts into place new provisions to prevent “stacking” of multiple claims to increase statutory damages.
Reduces statutory damages and provides litigation protections for defendants who correct violations.
Establishes priorities for the California Commission on Disabled Accessibility that promote and facilitate disability access compliance.
California has 40% of the nation’s ADA lawsuits but only 12% of the country’s disabled population.