Senate committee weighs SB 84 to give businesses 120 days to fix ADA construction violations

Senators heard more than an hour of testimony on SB 84, a bill that would give entities a right-to-cure: 120 days to fix construction‑related disability access violations after a notice before a plaintiff can pursue litigation.

Senator Richard Niello, the bill’s sponsor, framed the measure as protecting small businesses and preserving the ADA’s remedial purpose by encouraging repair rather than quick settlements. “This bill would grant entities the ability to fix a construction related violation within 120 days of being served with a notice before a lawsuit moves forward,” he said during his presentation.

The bill drew extensive support from small business owners and trade groups. Dore Herrera, owner of Yuka’s Restaurants in Los Angeles, described receiving a lawsuit during the pandemic over a table she said was 1/16th of an inch too low and said the settlement “simply lined a lawyer’s pocket.” Britney Vaez, owner of Gorilla Tacos and Go Go’s Tacos, said she settled a first suit for $11,000 after a customer photographed a temporary obstruction on a ramp; she said repeated suits forced the closure of one location. Trade groups including the California Chamber of Commerce, the National Federation of Independent Business and numerous restaurant and retail associations registered support.

Disability advocates and independent living groups formed the primary opposition. Russell Dawson Rawlings of the California Foundation for Independent Living Centers argued SB 84 would create “an additional hurdle” that keeps access barriers in place for months and increases costs for people seeking remedies. Eric Harris of Disability Rights California said safeguards already exist — for example, CASP (certified access specialist) inspections — and warned that a statutory cure period would not stop unethical litigation and could delay restoration of access. He gave a concrete example: “A ramp that is 1 inch off of compliance can make it so I fall out of my wheelchair and injure myself.”

Committee members repeatedly urged the author to continue negotiations. Several senators said they supported moving the bill out of committee so stakeholders could reach compromise language; Senators Laird and Allen both said they would help broker further talks. Senator Niello said he was willing to modify the 120‑day period if that would reduce opposition.

The hearing included multiple procedural notes but no final committee vote on SB 84 during the session transcript provided. Committee members asked staff to work with proponents and opponents on possible amendments, especially on the length and mechanics of any cure period.

The bill’s next step depends on follow‑up negotiations between business groups, disability advocacy organizations and the author’s staff. Supporters say the measure would reduce what they call opportunistic serial litigation; opponents say it risks delaying remediation and weakening civil rights enforcement.

Votes or motions on SB 84 were not recorded in the transcript supplied.