Disability access: statutory damages: small businesses: technical violations.
This legislation notably modifies the definition of a small business in this context, increasing the threshold from 25 to 50 employees. This move reflects an intention to alleviate some of the regulatory burdens on larger small businesses and provide a clearer framework under which they can operate without fear of significant penalties from minor accessibility issues. The revisions in this bill are particularly impactful as they affect accessibility standards uniformly across the state, enabling small businesses to comply with state laws without the constant threat of lawsuits arising from technical violations.
Assembly Bill 999, introduced by Assembly Member Patterson, aims to amend Section 55.56 of the Civil Code concerning disability access and statutory damages pertaining to small businesses. The bill seeks to define more precisely what constitutes technical violations regarding accessibility standards in public accommodations. It establishes that certain violations, such as the design of parking signs and the number of required accessible spaces, should not result in difficulties or discomfort for individuals with disabilities as long as corrective actions are made by small businesses within designated timeframes. Such measures are intended to protect small businesses from excessive litigation related to minor infractions.
While supporters argue that AB 999 provides necessary relief to small businesses dealing with unintentional accessibility violations, detractors caution that this legislation could undermine the rights of individuals with disabilities by limiting the scope of what constitutes a violation. There are concerns that the presumption of no discomfort or embarrassment could diminish accountability for accessibility standards, potentially jeopardizing the rights of disabled individuals to equal access in public spaces. As discussions continue, the balancing act between supporting small businesses and ensuring the enforcement of disability rights remains a point of contention.