Senate approves SB 84 to give small businesses time to fix ADA construction issues before penalties

Senate Bill 84, authored by Senator Nilo, would give qualifying small businesses a 120‑day window to cure certain construction‑related accessibility deficiencies before statutory penalties or litigation can proceed. The sponsor said the measure balances the Americans with Disabilities Act’s civil‑rights purpose with protection for small enterprises vulnerable to repeated, often serial, lawsuits that can force settlements even where defects could be fixed quickly.

Senator Nilo described numerous examples — including spikes in litigation filings concentrated in a handful of plaintiff law firms and an increase in pre‑litigation notices reported to the state Disability Access Commission — and said the bill targets businesses with 50 or fewer employees. Supporters including Senators Blakespear, Ashby and Rubio said the provision is a narrow, practical remedy modeled on other ‘‘right‑to‑repair’’ approaches and would prevent predatory suits that drive small businesses into settlements rather than remediation.

Opponents, including Senator Durazo, said the ADA’s enforcement structure relies on lawsuits as the practical mechanism for access and that a 120‑day cure window risks delaying or denying relief to people with disabilities; Durazo and other critics sought stronger protections for enforcement and described the bill as rolling back disability rights enforcement. Senator Laird expressed conditional support in committee while urging the author to work with advocates to tighten language so the cure period is not used to delay compliance.

The measure passed the Senate with the clerk recording “Ayes 34, No 2” on the floor roll that appears in the transcript. The bill’s author and multiple supporters pledged continued engagement with disability advocates to refine implementation language in the Assembly.

Why it matters: The measure responds to a surge of construction‑related accessibility litigation in California concentrated among a small number of serial plaintiffs and plaintiff firms. Proponents say the bill preserves access while giving small businesses a clear path to fix problems; opponents say enforcement tools should remain robust and timely to protect disabled people’s civil rights.

What’s next: SB 84 passed the Senate and will move to the Assembly, where authors said they would continue negotiations with disability advocates and small business representatives on implementation and safeguards.