ADA Defense Law

Assembly Bill 1521 was signed into law on Oct. 10, 2015.  It attempts to curb disabled access lawsuit abuse, in particular by “frequent filers.”    Like its predecessors, Senate Bill 1608 in 2008 and Senate Bill 1186 in 2012, AB 1521 does not prevent lawsuits by plaintiff’s suing for theoretical “barriers” to obtain the easy money provided under California’s Unruh Act.  Rather, the new law amendment – actually an amendment of existing law – like its predecessors provides  incremental relief.  There still is no requirement to provide notice and an opportunity to remove an access barrier before suing.  For decades, a notice and cure provision has been the amendment most sought by the business community.  On the other hand, the new law provides some of the most extensive relief yet to defendants and potential defendants (all public accommodations, especially those in buildings built before 1992).  Continue reading →