Disability access: construction-related accessibility claims: notice of violation and opportunity to correct.

Senators Niello, Ashby, and Caballero have proposed modifications to California's disability access laws that would require plaintiffs to notify small businesses of construction-related accessibility violations and provide time for corrections before pursuing statutory damages. The legislation establishes a 120-day correction period for businesses with 50 or fewer employees after receiving written notice of specific violations.

The bill creates new liability protections for qualifying small businesses that promptly address accessibility issues. Businesses that correct violations within the notification period would be exempt from statutory damages, attorney's fees, and legal costs related to those violations. The measure also prevents plaintiffs from circumventing these requirements by recasting construction-related accessibility claims as general Americans with Disabilities Act discrimination complaints.

For technical violations like faded parking lot striping or minor signage issues, the legislation maintains existing presumptions that such deficiencies do not impede access, while preserving plaintiffs' ability to demonstrate actual difficulties encountered. The bill retains current provisions allowing reduced statutory damages when businesses obtain Certified Access Specialist inspections and promptly correct identified violations.