Disability access: statutory damages: small businesses: certified access specialist’s report: violations.
One of the significant changes proposed by AB 2664 is to increase the threshold number of employees for a business to qualify for statutory damage exemptions from 50 to 100. This adjustment enhances the protections for larger small businesses, making them less vulnerable to financial penalties and legal challenges regarding accessibility compliance. The rationale behind this proposal is to encourage small businesses to improve accessibility without the fear of excessive financial repercussions.
Assembly Bill No. 2664, introduced by Assembly Member Diep, aims to amend Section 55.56 of the California Civil Code, specifically addressing disability access and statutory damages concerning construction-related violations. The existing law regulates the liability of businesses concerning accessibility claims, wherein the violation of accessibility standards must have denied the plaintiff full and equal access to public accommodations. This bill seeks to adjust the criteria under which small businesses can be exempt from certain types of statutory damages in accessibility claims.
However, the bill has sparked debate regarding the implications for disabled individuals seeking equitable access. Proponents argue that it provides much-needed relief for small business owners while fostering a more forgiving environment for compliance with accessibility standards. Detractors, on the other hand, express concerns that raising the employee threshold may inadvertently diminish rights for individuals with disabilities, making it more difficult for them to seek justice in cases of discrimination based on accessibility violations. This tension highlights the ongoing challenge of balancing business interests with the civil rights of individuals with disabilities.