New “right to cure” legislation offers qualifying small businesses a 120-day window to fix ADA violations before facing costly lawsuits
Sacramento, California (Times Media Service) – SB 84 Bill would give California’s small businesses a fair chance to comply with accessibility rules by requiring a 120-day “right to cure” period before plaintiffs can file construction-related ADA lawsuits.
How the SB 84 Bill Works
Senate Bill 84 introduces a clear notice-and-cure process for small businesses accused of construction-related accessibility infractions. Under the SB 84 Bill, a plaintiff must first serve a detailed violation notice specifying each alleged barrier. Once notified, a small business—defined as an enterprise with 50 or fewer employees—receives 120 days to correct issues such as ramp slopes, signage, or restroom access before any statutory damages, attorney fees, or court costs can be sought. This structure preserves individuals’ rights to accessible spaces while offering businesses time to remedy problems without immediate lawsuit threats.
The SB 84 Bill also closes loopholes that serial litigants have exploited by labeling construction claims as general ADA violations. Now, if the underlying issue stems from a physical accessibility standard, plaintiffs must follow the notice-and-cure steps. However, SB 84 Bill explicitly retains injunctive relief, allowing courts to still order urgent fixes if public safety is at risk. By balancing corrective measures with legal safeguards, the legislation aims to keep accessibility enforcement robust yet reasonable for smaller operators.
Importantly, the protection under the SB 84 Bill resets only once per inspected area, unless structural changes prompt a new certified access specialist (CASp) inspection. If a business fails to fix violations within 120 days, it may still qualify for reduced liability if actively pursuing repairs through required building permits and completes them within 180 days. This layered approach encourages ongoing compliance efforts rather than penalizing honest mistakes.
Small Businesses ADA Reform and Economic Impact
For many small business owners, unexpected accessibility suits can mean mounting legal fees and crippling damage awards—often thousands of dollars per minor violation. Current law imposes minimum statutory damages of $4,000 per infraction occurrence, sometimes multiplying into tens of thousands for technical issues as trivial as faded parking lot markings. SB 84 Bill addresses this by offering a practical cure period, aligning timelines with the realities of budgeting, planning, and hiring contractors for modifications.
Economic analysts warn that without reform, the trend of “shakedown” lawsuits could shutter community shops and drive away local investment. By contrast, the SB 84 Bill’s notice-and-cure mechanism is projected to lower litigation volume, freeing resources for businesses to improve accessibility proactively. Advocates argue that consequential savings—both in direct compliance costs and in avoided legal battles—will strengthen the state’s small-business sector and preserve neighborhood character.
Moreover, the bill includes provisions to adjust the size and revenue thresholds bi-annually based on the California Consumer Price Index, ensuring the definition of qualifying small businesses remains fair as economic conditions change. This built-in flexibility underscores lawmakers’ commitment to continually balancing accessibility goals with small-business viability.
Supporters and Critics Weigh In
Proponents of the SB 84 Bill include a bipartisan group of legislators, the National Federation of Independent Business, and small-business coalitions across California. Senator Anna Caballero, a co-author, said the bill “protects mom-and-pop shops from predatory litigation while upholding the spirit of the ADA.” CASp providers and disability access consultants also back the concept, noting that most businesses want to comply but lack a straightforward path to do so without facing immediate penalties.
On the other side, disability rights advocates caution that delaying statutory damages might reduce incentives for swift corrections. They stress that some plaintiffs rely on immediate financial relief to secure real accessibility improvements for customers with disabilities. Critics argue that the SB 84 Bill could inadvertently slow down enforcement, especially in cases where businesses only make minimal or cosmetic fixes within the cure period.
To address these concerns, supporters highlight that injunctive relief remains available at any time, enabling attorneys general or private parties to seek court orders for urgent hazards—bridging the gap between delayed damages and immediate safety needs. The debate reflects a broader search for balance between robust civil-rights protections and a fair regulatory environment for small enterprises.
What’s Next for SB 84 Bill
With unanimous approval from both the Senate Judiciary and Appropriations Committees, the SB 84 Bill now heads to the full Senate floor for a vote. If it passes there, the measure will move to the State Assembly, where a hearing is anticipated in late June. Because SB 84 Bill carries no fiscal mandate and has cleared key policy hurdles, its sponsors believe it has a high chance of enactment by year’s end.
Stakeholder testimony will play a critical role in final amendments. Disability rights groups, small-business owners, and legal experts are expected to testify when SB 84 Bill goes before Assembly committees. Any last-minute changes could fine-tune the definition of qualifying businesses or tweak reporting requirements for CASp inspections.
If signed by the governor, SB 84 Bill would take effect on January 1, 2026, and apply to all accessibility claims filed thereafter. Advocates emphasize that this timeline gives businesses ample opportunity to understand the new process and prepare for compliance changes—ideally resulting in a smoother transition and better overall accessibility outcomes.
Stephanie Ramirez / California Contributor (Times Media Service)
Native Californian, she sees California’s importance & aims to enhance its quality and enjoyment for all.
sramirez@timesmediaservice.com
