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

Assembly Member Castillo's proposal to modify California's disability access regulations introduces new procedural requirements for construction-related accessibility claims against small businesses. The legislation would require plaintiffs to provide detailed written notice of alleged violations to businesses with 50 or fewer employees before initiating legal proceedings for statutory damages. These businesses would then have 120 days to correct identified accessibility issues.

The measure establishes liability protections for qualifying small businesses that promptly address violations. Defendants who correct cited accessibility issues within the 120-day window would be exempt from statutory damages, attorney's fees, and associated costs. The bill also prevents plaintiffs from circumventing these requirements by recasting construction-related accessibility claims as general discrimination complaints under the Americans with Disabilities Act when the underlying issue involves physical accessibility standards.

For technical violations like signage placement or paint conditions in compliant parking spaces, the legislation creates a rebuttable presumption that such issues do not cause significant difficulty for plaintiffs if corrected within 15 days of notification. This provision applies specifically to businesses meeting defined size and revenue thresholds. The measure maintains existing protections for actual damages and injunctive relief while modifying the framework for statutory damages based on distinct occasions of denied access rather than the total number of violations.