California 2023-2024 Regular Session

California Assembly Bill AB1404

Introduced
2/17/23  
Introduced
2/17/23  
Refer
3/2/23  
Refer
3/2/23  
Report Pass
4/25/23  
Report Pass
4/25/23  
Refer
4/27/23  
Refer
4/27/23  
Report Pass
5/10/23  
Report Pass
5/10/23  
Engrossed
5/18/23  
Engrossed
5/18/23  
Refer
5/18/23  
Refer
5/31/23  
Report Pass
6/19/23  
Report Pass
6/19/23  
Refer
6/19/23  
Report Pass
7/13/23  
Report Pass
7/13/23  
Refer
7/13/23  
Refer
7/13/23  
Report Pass
8/14/23  
Report Pass
8/14/23  
Refer
8/14/23  
Refer
8/14/23  
Enrolled
9/14/23  
Enrolled
9/14/23  
Chaptered
10/13/23  
Chaptered
10/13/23  
Passed
10/13/23  

Caption

Disability access: internet website-related accessibility claims.

Impact

The bill impacts provisions under existing state laws such as the Unruh Civil Rights Act and the Americans with Disabilities Act of 1990, reinforcing the legal framework that prohibits discrimination based on disability. By requiring written notice, AB 1404 seeks to enhance compliance with accessibility standards among businesses, ensuring a more equitable online marketplace for individuals with disabilities. The enforcement of this advisory notice is crucial for promoting awareness and compliance among business owners.

Summary

Assembly Bill 1404, introduced by Wendy Carrillo, addresses disability access related to internet website accessibility claims. This legislation mandates that attorneys must provide defendants with a written advisory notice regarding disability access laws whenever a demand letter or complaint is issued alleging that an internet website is not accessible. This move aims to ensure that businesses are fully informed of their legal responsibilities and the rights afforded to them under access legislation.

Sentiment

The sentiment surrounding AB 1404 appears to be broadly supportive among disability advocacy groups, as it represents a step towards enhancing accessibility for individuals with disabilities. Supporters appreciate the intent to improve compliance and legal clarity for businesses. However, there may be some concerns related to how this additional requirement may affect small business owners. Critics may argue that it adds an unnecessary legal burden on businesses that are already struggling to comply with existing regulations.

Contention

A notable point of contention surrounding the bill includes discussions about its applicability and the burden it places on small businesses, especially those that might not have the resources to quickly adapt to new compliance requirements. The bill is set to become operative only if another bill, AB 1757, is enacted by January 1, 2025, which introduces further uncertainty. There may be debates on whether such a legislative approach effectively balances the need for compliance with the economic impacts on smaller entities.

Companion Bills

No companion bills found.

Previously Filed As

CA SB1486

Accessibility: internet websites.

CA AB1757

Accessibility: internet websites.

CA AB950

Accessibility: internet websites.

CA AB2123

Accessibility: internet website.

CA AB649

Disability access: construction-related accessibility claim.

CA SB585

Disability access: construction-related accessibility claims: statutory damages: attorney’s fees and costs.

CA AB2917

Disability access: internet websites, parking lots, and exterior paths of travel.

CA SB84

Disability access: construction-related accessibility claims: notice of violation and opportunity to correct.

CA AB780

Disability access: construction-related accessibility claims: notice of violation and opportunity to correct.

CA SB2984

Websites and Software Applications Accessibility Act of 2023

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