Assemblymember Lowenthal proposes AB 649 to enhance ADA compliance for businesses

California's Assembly Judiciary Committee recently discussed Assembly Bill 649, a significant piece of legislation aimed at improving accessibility for disabled individuals while providing protections for small businesses against frivolous lawsuits. The bill proposes a six-year window for businesses that voluntarily obtain inspections from certified access specialists (CASPs) and correct identified construction-related violations. During this period, businesses would have a 120-day grace period to address any issues before facing legal liability.

The bill's author emphasized the importance of balancing the rights of disabled individuals with the operational realities faced by small business owners. Many business owners are often unaware of accessibility issues until they are confronted with lawsuits, which can be financially devastating. The legislation seeks to encourage proactive compliance with the Americans with Disabilities Act (ADA) by making it easier for businesses to address accessibility barriers without the immediate threat of litigation.

Supporters of the bill, including small business owners, highlighted the challenges they face in maintaining compliance with numerous regulations while also managing the costs associated with CASP inspections, which can range from $600 to $6,000. The bill aims to alleviate some of this burden by incentivizing businesses to seek inspections and make necessary corrections.

The committee also acknowledged the ongoing issue of high-frequency litigants who exploit the legal system, filing numerous lawsuits against businesses for minor violations. In 2023, a small number of law firms accounted for nearly half of all complaints filed in California, raising concerns about the fairness of the current system. The bill is seen as a step towards reducing these abuses while ensuring that disabled individuals still have avenues to enforce their rights.

As the bill moves forward, it will be closely monitored to assess its effectiveness in increasing compliance and reducing litigation. The committee expressed hope that AB 649 will foster a collaborative environment between the business community and disabled individuals, ultimately leading to improved access and fewer legal disputes.