California recently passed Senate Bill 269, a law that extends protections to small business owners, shielding them in some cases from penalties and fines arising from ADA violations.
The Basic Idea
The main focus of the law (and the class of persons intended for protection) is small businesses with fewer than 50 employees. The law grants small business that are in violation of public access rules – as found by an access specialist – 120 days to make the necessary changes without penalty. What’s more, once the changes are made, the businesses will be protected from future claims in state court under a preclusion regime.
Signs and Stripes
Some minor ADA violations will have to be addressed by business owners sooner than 120 days, although they are generally much less onerous. Defective signage and stripes must be corrected within 15 days or penalties will be assessed.
Troll or Toll
Public access to business by disabled persons is certainly a noble policy to pursue, and the Americans With Disabilities Act remains one of the country’s landmark civil rights achievements. But some aggressive attorneys have been accused of using the ADA to create settlement mills.
Small Business Counsel
All of this is welcome news to small businesses and their counsel. Just be aware that when an access specialist makes a determination of violation against your business, you’ll need to get up to code quickly.
Related Resources:
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- Is Your Fingerprint Protected by the Fifth Amendment? (FindLaw’s California Case Law)
- Gov. Brown Raises Smoking Age to 21 in California (FindLaw’s California Case Law)
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