Bill Text: CA AB2282 | 2011-2012 | Regular Session | Amended
Bill Title: Disability access: standing: injunctive relief.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2012-08-16 - In committee: Held under submission. [AB2282 Detail]
Download: California-2011-AB2282-Amended.html
BILL NUMBER: AB 2282 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 10, 2012
AMENDED IN ASSEMBLY MARCH 29, 2012
INTRODUCED BY Assembly Member Bill Berryhill
FEBRUARY 24, 2012
An act to amend Sections 52 and 55 of the Civil Code,
relating to personal rights
disability access .
LEGISLATIVE COUNSEL'S DIGEST
AB 2282, as amended, Bill Berryhill. Personal rights:
violations: standing. Disability access: standing:
injunctive relief.
Existing law establishes the California Commission on Disability
Access to develop recommendations that will enable persons with
disabilities to exercise their right to full and equal access to
public facilities, and that will facilitate business compliance with
disability access laws and regulations to avoid unnecessary
litigation. Existing law requires the commission to study specified
disability access issues, and to make reports on those issues to the
Legislature.
This bill would require the commission to analyze and make
recommendations to the Legislature regarding whether compliance with
state and federal construction-related disability accessibility laws
would be improved or potentially deterred by changes to state rules
regarding legal standing for actions seeking injunctive relief to
correct alleged violations of disability access laws or the manner by
which these claims are pleaded.
Existing law provides that all persons in this state are entitled
to the full and equal accommodations, advantages, facilities,
privileges, or services in all business establishments without regard
to sex, race, color, religion, ancestry, national origin,
disability, medical condition, genetic information, marital status,
or sexual orientation. Existing law further prohibits a business
establishment from, among other things, boycotting, blacklisting,
refusing to contract with, sell to, or trade with a person based on
the criteria described above, and from discriminating on the price
charged for similar or like services on the basis of a person's
gender. Existing law provides that all persons within this state have
the right to be free from any violence, or intimidation by threat of
violence, committed against their persons or property because of the
criteria described above, or position in a labor dispute, or because
another person perceives them to have any of those characteristics.
A person aggrieved by a violation of any of the above-described
provisions may bring a civil action seeking relief, as specified.
Existing law provides that individuals with disabilities or
medical conditions have the same right as the general public to the
full and free use of the streets, highways, sidewalks, walkways,
public buildings, medical facilities, public facilities, and other
public places. Existing law also provides that individuals with
disabilities are entitled to full and equal access, as other members
of the general public, to accommodations, advantages, facilities, and
privileges of common carriers, other places of public accommodation,
amusement, or resort, and other places to which the general public
is invited, subject only to the conditions and limitations
established by law and applicable alike to all persons, and full and
equal access to all housing accommodations, as specified. A person
aggrieved or potentially aggrieved by a violation of any of the
above-described provisions, or other similar anti-discrimination
provisions, may bring a civil action seeking relief, as specified.
This bill would authorize a person aggrieved by a violation of any
of the above-described provisions to bring an action seeking relief
only if that the person has suffered an injury in fact, the injury in
fact was caused by the violation, and the violation is redressable.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares both
of the following:
(a) The California Commission on Disability Access was established
pursuant to Chapter 3.7 (commencing with Section 8299) of Division 1
of Title 2 of the Government Code as a bipartisan entity, composed
of representatives of the business community and the disability
community, as well as the State Architect and the Attorney General.
(b) Among the purposes of the commission is to develop
recommendations that will enable persons with disabilities to
exercise their right to full and equal access to public facilities,
and that will facilitate business compliance with laws and
regulations to avoid unnecessary litigation.
SEC. 2. The California Commission on Disability
Access shall analyze and make recommendations to the Legislature
regarding whether compliance with state and federal
construction-related disability accessibility laws would be improved
or potentially deterred by changes to state rules regarding legal
standing for actions seeking injunctive relief to correct alleged
violations of disability access laws or the manner by which these
claims are pleaded. This study and recommendation shall be undertaken
promptly in light of urgent concerns among businesses regarding
alleged misuse of existing law, consistent with other pending
projects of the commission.
SECTION 1. Section 52 of the Civil Code is
amended to read:
52. (a) Whoever denies, aids or incites a denial, or makes any
discrimination or distinction contrary to Section 51, 51.5, or 51.6,
is liable for each and every offense for the actual damages, and any
amount that may be determined by a jury, or a court sitting without a
jury, up to a maximum of three times the amount of actual damage but
in no case less than four thousand dollars ($4,000), and any
attorney's fees that may be determined by the court in addition
thereto, suffered by any person denied the rights provided in Section
51, 51.5, or 51.6.
(b) Whoever denies the right provided by Section 51.7 or 51.9, or
aids, incites, or conspires in that denial, is liable for each and
every offense for the actual damages suffered by any person denied
that right and, in addition, the following:
(1) An amount to be determined by a jury, or a court sitting
without a jury, for exemplary damages.
(2) A civil penalty of twenty-five thousand dollars ($25,000) to
be awarded to the person denied the right provided by Section 51.7 in
any action brought by the person denied the right, or by the
Attorney General, a district attorney, or a city attorney. An action
for that penalty brought pursuant to Section 51.7 shall be commenced
within three years of the alleged practice.
(3) Attorney's fees as may be determined by the court.
(c) (1) Whenever there is reasonable cause to believe that any
person or group of persons is engaged in conduct of resistance to the
full enjoyment of any of the rights described in this section, and
that conduct is of that nature and is intended to deny the full
exercise of those rights, the Attorney General, any district attorney
or city attorney, or any person aggrieved by the conduct may bring a
civil action in the appropriate court by filing with it a complaint.
The complaint shall contain the following:
(A) The signature of the officer, or, in his or her absence, the
individual acting on behalf of the officer, or the signature of the
person aggrieved.
(B) The facts pertaining to the conduct.
(C) A request for preventive relief, including an application for
a permanent or temporary injunction, restraining order, or other
order against the person or persons responsible for the conduct, as
the complainant deems necessary to ensure the full enjoyment of the
rights described in this section.
(2) An aggrieved person may bring an action pursuant to paragraph
(1), if all of the following standing requirements are met:
(A) The person has suffered an injury in fact.
(B) The injury in fact was caused by the violation.
(C) The violation is redressable.
(d) Whenever an action has been commenced in any court seeking
relief from the denial of equal protection of the laws under the
Fourteenth Amendment to the Constitution of the United States on
account of race, color, religion, sex, national origin, or
disability, the Attorney General or any district attorney or city
attorney for or in the name of the people of the State of California
may intervene in the action upon timely application if the Attorney
General or any district attorney or city attorney certifies that the
case is of general public importance. In that action, the people of
the State of California shall be entitled to the same relief as if it
had instituted the action.
(e) Actions brought pursuant to this section are independent of
any other actions, remedies, or procedures that may be available to
an aggrieved party pursuant to any other law.
(f) Any person claiming to be aggrieved by an alleged unlawful
practice in violation of Section 51 or 51.7 may also file a verified
complaint with the Department of Fair Employment and Housing pursuant
to Section 12948 of the Government Code.
(g) This section does not require any construction, alteration,
repair, structural or otherwise, or modification of any sort
whatsoever, beyond that construction, alteration, repair, or
modification that is otherwise required by other provisions of law,
to any new or existing establishment, facility, building,
improvement, or any other structure, nor does this section augment,
restrict, or alter in any way the authority of the State Architect to
require construction, alteration, repair, or modifications that the
State Architect otherwise possesses pursuant to other laws.
(h) For the purposes of this section, "actual damages" means
special and general damages. This subdivision is declaratory of
existing law.
SEC. 2. Section 55 of the Civil Code is amended
to read:
55. (a) Any person who is aggrieved by a violation of Section 54
or 54.1 of this code, Chapter 7 (commencing with Section 4450) of
Division 5 of Title 1 of the Government Code, or Part 5.5 (commencing
with Section 19955) of Division 13 of the Health and Safety Code may
bring an action to enjoin the violation, if all of the following
standing requirements are met:
(1) The person has suffered an injury in fact.
(2) The injury in fact was caused by the violation.
(3) The violation is redressable.
(b) The prevailing party in an action pursuant to this section
shall be entitled to recover reasonable attorney's fees.
