Bill to stop ADA shakedowns of local businesses dies without a vote

BY BRADEN CARTWRIGHT
Daily Post Staff Writer

A state bill intended to protect small businesses from law firms that misuse the Americans with Disability Act has died in the state Assembly without a vote.

Tim Taylor, policy director for the National Federation of Independent Business, said Senate Bill 84 made common sense and had bipartisan support, evidenced by a 34-2 vote in the state Senate.

But a consultant for the Assembly Judiciary Committee didn’t schedule a hearing by Friday’s deadline, so the bill is off the table until next year.

Taylor blamed Assembly Speaker Robert Rivas for holding up SB84.

“If it dies in the light of day, that’s fine. That’s part of the process,” Taylor said. “But for it to die in darkness, that’s a problem, and that’s what leaves a really bad taste in everyone’s mouth.”

Assemblyman Marc Berman, D-Palo Alto, and Assemblywoman Diane Papan, D-San Mateo, haven’t returned a request for comment on whether they supported the bill. State Sen. Josh Becker, D-Menlo Park, voted yes on June 4.

SB84 would require law firms to send warning letters to business owners before suing and give them 120 days to fix accessibility issues before filing anything in court.

Hundreds of small businesses on the Peninsula have been caught off guard by law firms like Potter Handy that specialize in ADA lawsuits. The law firms and a group of disabled plaintiffs find issues with buildings, such as ramps that are too steep for a wheelchair or tables that are too tall. Businesses usually settle the lawsuits for around $10,000 rather than risk losing more in a trial.

Potter Handy targeted downtown Palo Alto restaurants that had ADA violations in their outdoor dining setups in 2021. The firm has also sued businesses along El Camino Real, on Castro Street in Mountain View and Laurel Street in San Carlos.

A similar ADA reform effort, Senate Bill 585, also made it through the state Senate last year but stalled in the Assembly. The bill was supported by chambers of commerce throughout the state but opposed by disabled advocacy groups.

The ADA is a building code signed in 1990 that requires at least 5% of seating to be accessible for people with disabilities.

The code is enforced by private citizens through lawsuits.