In Sacramento, a bill is brewing that seeks to give small businesses the opportunity to repair any construction-related handicap access deficiencies before being sued.
This is SB 84 by Ravishing Oaks Senator Roger Niello, which was introduced on January 17, 2025, with the goal of reducing abusive lawsuits against small businesses by establishing a “right to cure” construction-related accessibility violations.
“California small business owners have been the target of extortionate lawsuits for too long. SB 84 is an excellent way to remedy this problem, while continuing to guarantee access to public spaces for people with disabilities and protecting small business owners from abusive lawsuits,” said Victor Gomez, executive director of the organization. California Citizens against Lawsuit Abuse (CREEK).
“The abuse of litigation also has an overwhelming impact on the economy, with an annual cost of $2,566.70 for each Californian,” he added.
He said he is confident that the Assembly Judiciary Committee will push this bill forward, giving small business owners certainty that the businesses they created years ago will be protected from these types of blackmail lawsuits.
Specifically, this measure prohibits claims for statutory damages against companies with 50 or fewer employees, unless they do not correct the violations within 120 days of receiving formal notification.
And it addresses concerns that the law allows abusive lawsuits that don’t actually improve accessibility, but rather penalize small business owners with immediate litigation.
“People with disabilities deserve accessibility, and businesses the opportunity to remedy compliance issues before facing severe legal consequences,” said Senator Niello.
Therefore, he said he was pleased to be part of the solution that strengthens the rights of people with disabilities, while protecting small businesses from abusive lawsuits.
How this project was born
Beginning with a wave of frivolous Americans with Disabilities Act (ADA) lawsuits targeting minority-owned small businesses, designed to intimidate owners and force them to settle.
People—often with limited access to our factual system—are more likely to settle out of fear, even if the case is meritless.
In 2021 alone, more disability access-related lawsuits were filed in California than in the other 49 states combined; Additionally, approximately 92% of all accessibility claims are filed by just five law firms.
A two-year bill
Last year, SB 84 passed the State Senate unanimously, but stalled in the Assembly Judiciary Committee and fell halfway.
As a result, this bill was made a two-year measure, with a June deadline for the committee to assign a hearing date.
Reactions
Pasadena Democratic Sen. Sasha Renée Pérez said many business owners — especially those from immigrant communities whose first language is not English — have been pressured to settle baseless lawsuits for fear of losing everything they have worked for.
“SB 84 offers small businesses the opportunity to resolve ADA (Americans with Disabilities Act) compliance issues while ensuring a better experience for people with disabilities.”
For her part, Merced Democratic Senator Anna M. Caballero stated that this bipartisan bill protects small businesses that are accused of failing to provide adequate and safe access for people with disabilities in their facilities, as required by state law.
“This requires that they be notified of the violation and given the opportunity to cure or correct it before a lawsuit can be filed. This ‘right to cure’ benefit will protect the rights of people with reduced mobility and reduce costly legal expenses.”
Excessive burden for small businesses
According to CALA, Californians now bear the nation’s fifth-highest per capita economic burden from civil litigation, and in metropolitan areas with a high lawsuit rate, like San Francisco, the cost skyrockets to a staggering $4,651 per person.
“Even more alarming is the fact that more than 829,255 jobs are lost each year due to the excessive economic burden generated by litigation. These figures demonstrate that frivolous lawsuits are not mere judicial theatrics; on the contrary, they suffocate job creation, the survival of small businesses and the vitality of the community,” said the director of CALA.
He argued that small businesses bear a disproportionate share of this harm.
“Most lack the resources to defend themselves against unfounded lawsuits, forcing them to accept costly out-of-court settlements or, worse, close their doors. Meanwhile, it is consumers and taxpayers who end up footing the bill.”
