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DBI explains limits on enforcing federal ADA; small-business owners urge city outreach
Summary
DBI explained that Senate Bill 1608 clarifies local agencies enforce state code, not the federal ADA; multiple small-business owners described costly private ADA suits and urged a city outreach and 'right-to-cure' approach and clearer guidance.
Director Vivian Day briefed the Building Inspection Commission on a state bill described in the packet as "Senate Bill 1608," explaining the distinction between federal ADA enforcement and the local building department's responsibilities under the California Building Code. Day said local departments enforce state and local codes that incorporate federal accessibility standards, but they are not authorized to enforce the federal ADA itself; that remains the California Attorney General's enforcement domain.
The presentation prompted strongly worded public comment from small-business owners who described years-long ADA litigation. Roosevelt Falahati, whose father owns Hamburger Haven, said owners often believe they are "grandfathered" and lack clear information on compliance; he called the private lawsuits "a tax you have to pay on business these days." Dema McCall and other owners recounted expensive settlements and long legal fights that threatened family businesses and said opportunistic litigation can feel like harassment.
DBI described steps it is taking: in-house CAPS (Certified Access Specialist) training for plan checkers and inspectors, coordination with Small Business Administration outreach and the mayor's office, and attendance at an upcoming interdepartmental meeting to address 'drive-by' lawsuit concerns. Commissioners suggested convening a multi-agency outreach program (DBI, Small Business Commission, Mayor's Office on Disability and the City Attorney) and asked staff to develop written guidance or a flyer to distribute with tenant-improvement permits.
Next steps: DBI will work with the mayor's office and Small Business Administration on outreach, produce a short guidance notice for businesses and publish training dates for inspectors; commissioners asked staff to report back on the outreach plan.
