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California ADA Legal Update, June 2025

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California ADA Legal Update, June 2025

California ADA Legal Update, June 2025

SB 84 Offers Relief to Small Businesses With a 120-Day ADA Violation Cure Period

In a major move for accessibility compliance and small business protection, the California State Senate has passed Senate Bill 84 (SB 84), a first-in-the-nation law that gives small businesses a chance to fix accessibility violations before being sued for damages.

This is a game-changing reform to how Americans with Disabilities Act (ADA)-related claims are handled in California and could serve as a national model.
You can view the official bill text here: SB 84 Bill Text – Chaptered

What Is SB 84?

Senate Bill 84 (SB 84) is a newly enacted California law aimed at safeguarding small businesses, specifically those with 50 or fewer employees, from unexpected and expensive lawsuits linked to accessibility violations under the Americans with Disabilities Act (ADA). This legislation introduces a 'notice-and-cure' period, providing small businesses the opportunity to address and rectify issues related to physical accessibility for disabled individuals, such as problems with parking, signage, restrooms, or entry access, before facing legal action.

Key requirements of SB 84:

  • 120-day notice period: Accusers must first send a written notice detailing the alleged ADA violations before they can file a lawsuit for damages.
  • Remediation shield: If the business fixes the violation within 120 days, it’s protected from legal penalties and costs.
  • Applies only to future cases after the bill becomes law (expected in 2025).
  • Discourages abusive lawsuits, especially those filed by serial accusers targeting small businesses with minor issues for financial gain.

Why It Matters

California has been a legal hotspot for ADA-related lawsuits, many targeting small businesses for minor oversights. Before SB 84:

  • Businesses could face $4,000+ per violation, plus lawyers’ fees.
  • There was no requirement to notify the business before filing suit.
  • Predatory 'drive-by lawsuits' are quick legal cases that are often filed without real concern for making things accessible.

SB 84 flips the script, encouraging fixes over fines and fairness over fear.

The Advocacy Behind the Reform

The bill was passed thanks to over 10 years of hard work by local community groups, especially:

  • Asian Pacific Islander American Public Affairs Association (APAPA)
  • Asian Pacific Islander Chamber of Commerce (APCA) – particularly its Fresno part

Milestones:

  • Advocates began pushing for reform as early as 2012, meeting with Governor Jerry Brown.
  • The Senate passed SB 84 with strong two-party support (34–2).
  • It now moves to the California State Assembly for final consideration.

What Business Owners Should Do Now

If you run a small business in California, here’s how to prepare:

A Step Toward Balanced Compliance

SB 84 is a win-win: It maintains accountability while removing the threat of excessive penalties for fixable issues. People with disabilities deserve access, and now, small businesses get a reasonable opportunity to provide it without facing instant lawsuits.

What’s Next?

SB 84 is heading to the State Assembly. To ensure it becomes law:

  • Contact your local Assembly representative and voice your support.
  • Share the official bill text with your network:
    SB 84 – Chaptered Bill Text

Final Thoughts

SB 84 is a milestone for California’s small businesses. It’s smart, fair, and long overdue. Kudos to all the advocates who fought for this reform and to lawmakers who recognized the need for balance between accessibility and legal fairness.

Let’s make sure this bill crosses the finish line.

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