Bill Text: CA AB52 | 2015-2016 | Regular Session | Introduced
Bill Title: Public accommodations: construction-related accessibility claims.
Spectrum: Slight Partisan Bill (Democrat 4-2)
Status: (Failed) 2016-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB52 Detail]
Download: California-2015-AB52-Introduced.html
BILL NUMBER: AB 52 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Gray
(Coauthors: Assembly Members Olsen, Perea, and Salas)
(Coauthors: Senators Cannella and Galgiani)
DECEMBER 1, 2014
An act to amend Section 55.56 of, and to add Section 55.565 to,
the Civil Code, relating to public accommodations.
LEGISLATIVE COUNSEL'S DIGEST
AB 52, as introduced, Gray. Public accommodations:
construction-related accessibility claims.
Existing law allows a plaintiff to collect statutory damages in a
construction-related accessibility claim against a place of public
accommodation only if the plaintiff was denied full and equal access
to the place of public accommodation on a particular occasion, as
specified. Existing law imposes a minimum liability of $1,000 on
these statutory damages for each offense when a defendant
demonstrates that the defendant has corrected the
construction-related accessibility violation within 60 days of being
served with a complaint and the defendant demonstrates that the
structure or area of the alleged violation was determined to meet
standards or was subjected to an inspection, as specified. Existing
law also imposes a minimum liability of $2,000 for each offense if
the defendant has corrected all construction-related violations that
are the basis of the claim within 30 days of being served with the
complaint and the defendant is a small business, as specified.
This bill would instead provide that a defendant's maximum
liability for statutory damages in a construction-related
accessibility claim against a place of public accommodation is $1,000
for each offense if the defendant has corrected all
construction-related violations that are the basis of the claim
within 180 days of being served with the complaint and the defendant
demonstrates that the structure or area of the alleged violation was
determined to meet standards or was subjected to an inspection, as
specified. The bill would reduce that maximum liability to $1,000 for
each offense if the defendant has corrected all construction-related
violations that are the basis of the claim within 180 days of being
served with the complaint and the defendant is a small business, as
revised. The bill would also provide that specified statutory damages
in a construction-related accessibility claim against a place of
public accommodation that is a small business, as defined, may only
be recovered if the place of public accommodation is granted a
180-day stay of court proceedings to meet specified requirements.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 55.56 of the Civil Code is amended to read:
55.56. (a) Statutory damages under either subdivision (a) of
Section 52 or subdivision (a) of Section 54.3 may be recovered in a
construction-related accessibility claim against a place of public
accommodation only if a violation or violations of one or more
construction-related accessibility standards denied the plaintiff
full and equal access to the place of public accommodation on a
particular occasion.
(b) A plaintiff is denied full and equal access only if the
plaintiff personally encountered the violation on a particular
occasion, or the plaintiff was deterred from accessing a place of
public accommodation on a particular occasion.
(c) A violation personally encountered by a plaintiff may be
sufficient to cause a denial of full and equal access if the
plaintiff experienced difficulty, discomfort, or embarrassment
because of the violation.
(d) A plaintiff demonstrates that he or she was deterred from
accessing a place of public accommodation on a particular occasion
only if both of the following apply:
(1) The plaintiff had actual knowledge of a violation or
violations that prevented or reasonably dissuaded the plaintiff from
accessing a place of public accommodation that the plaintiff intended
to use on a particular occasion.
(2) The violation or violations would have actually denied the
plaintiff full and equal access if the plaintiff had accessed the
place of public accommodation on that particular occasion.
(e) Statutory damages may be assessed pursuant to subdivision (a)
based on each particular occasion that the plaintiff was denied full
and equal access, and not upon the number of violations of
construction-related accessibility standards identified at the place
of public accommodation where the denial of full and equal access
occurred. If the place of public accommodation consists of distinct
facilities that offer distinct services, statutory damages may be
assessed based on each denial of full and equal access to the
distinct facility, and not upon the number of violations of
construction-related accessibility standards identified at the place
of public accommodation where the denial of full and equal access
occurred.
(f) (1) Notwithstanding any other law, a defendant's liability for
statutory damages in a construction-related accessibility claim
against a place of public accommodation is reduced to a
minimum maximum of one thousand dollars ($1,000)
for each offense if the defendant demonstrates that it has corrected
all construction-related violations that are the basis of a claim
within 60 180 days of being served with
the complaint, and the defendant demonstrates any of the following:
(A) The structure or area of the alleged violation was determined
to be "CASp-inspected" or "meets applicable standards" and, to the
best of the defendant's knowledge, there were no modifications or
alterations that impacted compliance with construction-related
accessibility standards with respect to the plaintiff's claim that
were completed or commenced between the date of that determination
and the particular occasion on which the plaintiff was allegedly
denied full and equal access.
(B) The structure or area of the alleged violation was the subject
of an inspection report indicating "CASp determination pending" or
"Inspected by a CASp," and the defendant has either implemented
reasonable measures to correct the alleged violation before the
particular occasion on which the plaintiff was allegedly denied full
and equal access, or the defendant was in the process of correcting
the alleged violation within a reasonable time and manner before the
particular occasion on which the plaintiff was allegedly denied full
and equal access.
(C) For a claim alleging a construction-related
accessibility violation filed before January 1, 2018, the structure
or area of the The alleged violation
was a new construction or an improvement that was approved by, and
passed inspection by, the local building department permit and
inspection process on or after January 1, 2008, and before
January 1, 2016, within five years prior to the date
the claim was served and, to the best of the defendant's
knowledge, there were no modifications or alterations that impacted
compliance with respect to the plaintiff's claim that were completed
or commenced between the completion date of the new construction or
improvement and the particular occasion on which the plaintiff was
allegedly denied full and equal access.
(D) The structure or area of the alleged violation was new
construction or an improvement that was approved by, and passed
inspection by, a local building department official who is a
certified access specialist, and, to the best of the defendant's
knowledge, there were no modifications or alterations that affected
compliance with respect to the plaintiff's claim that were completed
or commenced between the completion date of the new construction or
improvement and the particular occasion on which the plaintiff was
allegedly denied full and equal access.
(2) Notwithstanding any other law, a defendant's liability for
statutory damages in a construction-related accessibility claim
against a place of public accommodation is reduced to a
minimum of two thousand dollars ($2,000) maximum of
one thousand dollars ($1,000) for each offense if the defendant
has corrected all construction-related violations that are the
basis of the claim within 180 days of being served with the complaint
and demonstrates both either of
the following:
(A) The defendant has corrected all construction-related
violations that are the basis of a claim within 30 days of being
served with the complaint.
(B)
(A) The defendant is a small business that has employed
25 or fewer employees on average over the past three years, or for
the years it has been in existence if less than three years, as
evidenced by wage report forms filed with the Economic Development
Department, and has average annual gross receipts of less than three
million five hundred thousand dollars ($3,500,000) over the previous
three years, or for the years it has been in existence if less than
three years, as evidenced by federal or state income tax returns. The
average annual gross receipts dollar amount shall be adjusted
biannually by the Department of General Services for changes in the
California Consumer Price Index for All Urban Consumers, as compiled
by the Department of Industrial Relations. The Department of General
Services shall post that adjusted amount on its Internet Web site.
(B) The defendant is a small business as defined in Section 14837
of the Government Code.
(3) This subdivision shall not be applicable to intentional
violations.
(4) Nothing in this subdivision affects the awarding of actual
damages, or affects the awarding of treble actual damages.
(5) This subdivision shall apply only to claims filed on or after
the effective date of Senate Bill 1186 of the 2011-12 Regular Session
of the Legislature. Nothing in this subdivision is intended to
affect a complaint filed before that date.
(g) This section does not alter the applicable law for the
awarding of injunctive or other equitable relief for a violation or
violations of one or more construction-related accessibility
standards, nor alter any legal obligation of a party to mitigate
damages.
(h) In assessing liability under subdivision (d), in an action
alleging multiple claims for the same construction-related
accessibility violation on different particular occasions, the court
shall consider the reasonableness of the plaintiff's conduct in light
of the plaintiff's obligation, if any, to mitigate damages.
SEC. 2. Section 55.565 is added to the Civil Code, to read:
55.565. When a plaintiff brings a construction-related
accessibility claim alleging a violation of a construction-related
accessibility standard by a place of public accommodation that is a
small business as defined in Section 14837 of the Government Code,
statutory damages under subdivision (a) of Section 52 or subdivision
(a) of Section 54.3 may be recovered against a place of public
accommodation only if the place of public accommodation where the
alleged violation occurred is granted a 180-day stay of court
proceedings from the day the claim is filed during which time the
place of public accommodation may meet the requirements of a
qualified defendant as defined by paragraph (8) of subdivision (a) of
Section 55.52.
