ADA law: California Senate Bill 1186
California Senate Bill 1186, enacted in 2012, was another effort aimed at addressing issues related to disability access in public . The primary focus of SB 1186 was on curbing predatory lawsuits related to violations of the Americans with Disabilities Act (ADA) and California’s Unruh Civil Rights Act.
Key provisions of SB 1186 include:
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Reduced Statutory Damages: The bill aimed to reduce statutory damages in circumstances for businesses that corrected identified violations within a specific timeframe.
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Early Resolution and Mediation: SB 1186 encouraged early evaluation and resolution of claims by providing incentives for businesses to correct access violations swiftly. It also promoted alternative dispute resolution methods, like mediation.
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Increased Notification Requirements: The legislation introduced additional requirements for demand letters and complaints related to ADA violations, with the goal of promoting clearer communication and timelines between parties.
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Statewide Disability Access Commission: SB 1186 established the California Commission on Disability Access to promote compliance with ADA and related state laws. The commission aimed to provide educational resources and create access to Certified Access Specialists (CASps).
Overall, the intent behind SB 1186 was to protect the rights of individuals with disabilities and preventing abusive litigation practices that targeted businesses for financial gain. Luckily, the bill sought to encourage a more constructive approach to resolving accessibility issues and promote efforts by businesses to comply with access requirements.