Bill Text: CA AB2282 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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

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BILL NUMBER: AB 2282	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Member Bill Berryhill

                        FEBRUARY 24, 2012

   An act to amend  Section 54.3   Sections 52
and 55  of the Civil Code, relating to  disabled persons
  personal rights  .



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2282, as amended, Bill Berryhill.  Disabled persons:
equal access remedies.   Personal rights: violations:
standing.  
   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.
 
   Existing law provides that individuals with disabilities shall be
entitled to full and equal access to specified facilities and places
and other places to which the general public is invited, subject only
to conditions and limitations established by law. Existing law
provides that a person, firm, or corporation who denies or interferes
with admittance to or enjoyment of those public facilities, or
otherwise interferes with the rights of an individual with a
disability under those provisions, is liable for specified damages.
Existing law also allows a person who claims to be aggrieved by an
alleged unlawful practice in violation of those provisions to file a
verified complaint with the Department of Fair Employment and Housing
pursuant to certain provisions of law.  
   This bill would make technical, nonsubstantive changes to these
provisions. 
   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 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:

   (1) 
    (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. 
   (2) 
    (B)  The facts pertaining to the conduct. 
   (3) 
    (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
 or potentially 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  .
The   ,   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
 the   an  action  pursuant to this
section  shall be entitled to recover reasonable attorney's
fees. 
  SECTION 1.    Section 54.3 of the Civil Code is
amended to read:
   54.3.  (a) A person or persons who, or a firm or corporation that,
denies or interferes with admittance to, or enjoyment of, public
facilities, as specified in Sections 54 and 54.1, or otherwise
interferes with the rights of an individual with a disability
pursuant to Sections 54, 54.1, and 54.2, is liable for each offense
for the actual damages suffered by a person denied any of the rights
provided in Sections 54, 54.1, and 54.2, and any amount as may be
determined by a jury, or the court sitting without a jury, up to a
maximum of three times the amount of actual damages, but in no case
less than one thousand dollars ($1,000), in addition to attorney's
fees as may be determined by the court. "Interfere," for purposes of
this section, includes, but is not limited to, preventing or causing
the prevention of a guide dog, signal dog, or service dog from
carrying out its functions in assisting a disabled person.
   (b) A person who claims to be aggrieved by an alleged unlawful
practice in violation of Section 54, 54.1, or 54.2 may also file a
verified complaint with the Department of Fair Employment and Housing
pursuant to Section 12948 of the Government Code. The remedies in
this section are nonexclusive and are in addition to any other remedy
provided by law, including, but not limited to, an action for
injunctive or other equitable relief available to the aggrieved party
or brought in the name of the people of this state or of the United
States.
   (c) A person shall not be held liable for damages pursuant to both
this section and Section 52 for the same act or failure to act.