New “notice-and-cure” legislation aims to protect Main Street shops from costly accessibility lawsuits while preserving rights for people with disabilities
Roger Niello / SB 84 California small businessesSacramento, California (Times Media Service) – California’s SB 84 California small businesses faces its defining moment in the State Senate this month, promising a 120-day “notice-and-cure” window for firms with 50 or fewer employees to correct construction-related accessibility violations before facing statutory damages.
Background: SB 84 and California Small Businesses
Senate Bill 84, introduced on January 17, 2025, by Senators Roger Niello, Anna Caballero and Bill Dodd, responds to a surge of disability-access litigation targeting small Main Street establishments. Under current law, a single incident of noncompliance—like a missing handrail or faded signage—can trigger minimum statutory penalties of $4,000 per visit, crippling family-run shops and restaurants. This wave of suits, often led by serial plaintiffs, has prompted calls for reform from the National Federation of Independent Business and other trade groups.
Key Provisions and Impact on Small Businesses
SB 84 California small businesses carves out a series of procedural safeguards for enterprises with 50 or fewer employees. First, plaintiffs must serve a detailed violation notice specifying each alleged defect. Businesses then have up to 120 days to remediate issues—whether installing ramps, adjusting door thresholds, or updating parking layouts—without incurring statutory damages, attorney fees or costs. This notice-and-cure period aligns with the logistical realities of scheduling contractors and securing permits. Moreover, the bill prohibits plaintiffs from rebranding such claims as general ADA discrimination suits to circumvent the cure window.
Beyond procedural relief, SB 84 refines liability thresholds: small businesses that complete corrections within the cure period escape not only statutory damages but also the threat of “shakedown” settlements that have drained owner resources. Critics caution that delayed damages may weaken incentives for prompt compliance. However, injunctive relief—court orders mandating access improvements—remains immediately available, ensuring barriers can still be addressed without delay.
Supporters and Opponents Weigh In
Advocates for small business applaud SB 84 California small businesses as a balanced approach. Karen Hurd, owner of a family-run café in San Luis Obispo, said the bill “gives shops like ours breathing room to fix issues instead of facing ruinous fines overnight.” The NFIB has praised the measure for curbing excessive litigation while maintaining accountability.
Disability rights groups, however, express concern that a mandatory cure period could leave patrons with disabilities waiting up to four months for needed improvements. “Access should not be negotiable,” said a spokesperson for the Disability Rights Education & Defense Fund. Still, proponents note that injunctive relief preserves immediate corrective authority, and the cure window applies only to statutory damages—not to orders requiring businesses to eliminate barriers.
Next Steps in the Legislative Process
After passing the Senate on June 5, 2025, SB 84 now advances to the Assembly, where hearings in the Judiciary Committee are scheduled for late June. With no fiscal impact reported, legislative analysts predict a smoother path compared to costlier bills. Governor Gavin Newsom would have until mid-September to sign the measure into law, making it effective for all claims filed after January 1, 2026. Stakeholder testimonies during Assembly deliberations could shape final amendments, particularly around employee-count thresholds and the scope of coverage.
Stephanie Ramirez / California Contributor (Times Media Service)
Native Californian, she sees California’s importance & aims to enhance its quality and enjoyment for all.
sramirez@timesmediaservice.com
