Assemblymember Lowenthal proposes AB 649 to enhance ADA compliance for small businesses

In a recent meeting of the California Assembly Judiciary Committee, Assembly Bill 649 was presented, aiming to enhance accessibility for disabled individuals while providing protections for small businesses against frivolous lawsuits. The bill proposes a framework that encourages businesses to obtain inspections from Certified Access Specialists (CASPs) and correct any identified construction-related violations within a specified timeframe.

The primary goal of AB 649 is to strike a balance between ensuring compliance with the Americans with Disabilities Act (ADA) and protecting businesses from the burden of litigation. Currently, many small business owners are often unaware of their ADA compliance status until they face legal action. The bill introduces a six-year window during which businesses that proactively seek CASP inspections and address any violations will have a 120-day grace period to correct issues identified in lawsuits.

Assemblymember Lowenthal, the bill's author, emphasized the importance of fostering a culture of compliance among businesses, noting that many owners genuinely want to provide accessible environments but may not prioritize ADA compliance due to other operational concerns. He acknowledged the financial burden of CASP inspections, which can range from $600 to $6,000, making it particularly challenging for small businesses to undertake these assessments.

The committee heard testimonies from various stakeholders, including small business owners who shared their experiences with ADA lawsuits. Chris Sweeney, a bakery owner, recounted how his business was served with a lawsuit over minor compliance issues, highlighting the financial strain such legal actions can impose on small enterprises. He advocated for a system that allows businesses to address violations before facing litigation.

The discussion also touched on the prevalence of high-frequency litigants—attorneys who file numerous ADA-related lawsuits—raising concerns about the potential for abuse within the current legal framework. The committee acknowledged the need for reform to protect both the rights of disabled individuals and the viability of small businesses.

While the bill received support from various business associations, some disability rights advocates expressed concerns about ensuring that the rights of disabled individuals are not compromised. The committee plans to continue refining the bill to address these concerns while promoting greater accessibility.

In conclusion, AB 649 represents a significant step towards improving ADA compliance among California businesses while attempting to mitigate the impact of litigation on small enterprises. The committee will monitor the bill's progress and its effectiveness in fostering a collaborative environment between the business community and advocates for disabled individuals. Further discussions and amendments are expected as stakeholders work towards a balanced solution that benefits all parties involved.