BILL NUMBER: AB 54	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Olsen
   (Principal coauthor: Assembly Member Gray)
   (Principal coauthors: Senators Berryhill, Cannella, and Galgiani)
   (Coauthors: Assembly Members Bigelow, Grove, Mathis, Patterson,
Perea, and Salas)
   (Coauthors: Senators Fuller and Vidak)

                        DECEMBER 1, 2014

   An act to amend Section 55.56 of, and to add Section 55.565 to,
the Civil Code, relating to public accommodations.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 54, as introduced, Olsen. Public accommodations:
construction-related accessibility claims.
   Existing law allows a plaintiff to collect statutory damages in a
construction-related accessibility claim against a place of public
accommodation only if the plaintiff was denied full and equal access
to the place of public accommodation on a particular occasion, as
specified. Existing law imposes a $1,000 limit on statutory damages
when a defendant demonstrates that the defendant has, among other
things, cured the construction-related accessibility violation within
60 days of being served with a complaint. Existing law requires a
demand letter alleging a construction-related accessibility claim to,
among other things, state facts sufficient to allow a reasonable
person to identify the basis of the claim.
   This bill would, when a plaintiff brings a claim alleging a
violation of a construction-related accessibility standard within 3
years of a change in that standard, allow a plaintiff to collect
statutory damages only if the plaintiff also provides the owner,
agent, or other party responsible for the place in violation with a
written notice or demand letter at least 60 days prior to filing any
action and the violation is not cured. The bill would require the
written notice or demand letter to contain specified information.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 55.56 of the Civil Code is amended to read:
   55.56.  (a) Statutory damages under either subdivision (a) of
Section 52 or subdivision (a) of Section 54.3 may be recovered in a
construction-related accessibility claim against a place of public
accommodation only if a violation or violations of one or more
construction-related accessibility standards denied the plaintiff
full and equal access to the place of public accommodation on a
particular  occasion.   occasion, and the
requirements of Section 55.565 have been met, if applicable. 
   (b) A plaintiff is denied full and equal access only if the
plaintiff personally encountered the violation on a particular
occasion, or the plaintiff was deterred from accessing a place of
public accommodation on a particular occasion.
   (c) A violation personally encountered by a plaintiff may be
sufficient to cause a denial of full and equal access if the
plaintiff experienced difficulty, discomfort, or embarrassment
because of the violation.
   (d) A plaintiff demonstrates that he or she was deterred from
accessing a place of public accommodation on a particular occasion
only if both of the following apply:
   (1) The plaintiff had actual knowledge of a violation or
violations that prevented or reasonably dissuaded the plaintiff from
accessing a place of public accommodation that the plaintiff intended
to use on a particular occasion.
   (2) The violation or violations would have actually denied the
plaintiff full and equal access if the plaintiff had accessed the
place of public accommodation on that particular occasion.
   (e) Statutory damages may be assessed pursuant to subdivision (a)
based on each particular occasion that the plaintiff was denied full
and equal access, and not upon the number of violations of
construction-related accessibility standards identified at the place
of public accommodation where the denial of full and equal access
occurred. If the place of public accommodation consists of distinct
facilities that offer distinct services, statutory damages may be
assessed based on each denial of full and equal access to the
distinct facility, and not upon the number of violations of
construction-related accessibility standards identified at the place
of public accommodation where the denial of full and equal access
occurred.
   (f) (1) Notwithstanding any other law, a defendant's liability for
statutory damages in a construction-related accessibility claim
against a place of public accommodation is reduced to a minimum of
one thousand dollars ($1,000) for each offense if the defendant
demonstrates that it has corrected all construction-related
violations that are the basis of a claim within 60 days of being
served with the complaint, and the defendant demonstrates any of the
following:
   (A) The structure or area of the alleged violation was determined
to be "CASp-inspected" or "meets applicable standards" and, to the
best of the defendant's knowledge, there were no modifications or
alterations that impacted compliance with construction-related
accessibility standards with respect to the plaintiff's claim that
were completed or commenced between the date of that determination
and the particular occasion on which the plaintiff was allegedly
denied full and equal access.
   (B) The structure or area of the alleged violation was the subject
of an inspection report indicating "CASp determination pending" or
"Inspected by a CASp," and the defendant has either implemented
reasonable measures to correct the alleged violation before the
particular occasion on which the plaintiff was allegedly denied full
and equal access, or the defendant was in the process of correcting
the alleged violation within a reasonable time and manner before the
particular occasion on which the plaintiff was allegedly denied full
and equal access.
   (C) For a claim alleging a construction-related accessibility
violation filed before January 1, 2018, the structure or area of the
alleged violation was a new construction or an improvement that was
approved by, and passed inspection by, the local building department
permit and inspection process on or after January 1, 2008, and before
January 1, 2016, and, to the best of the defendant's knowledge,
there were no modifications or alterations that impacted compliance
with respect to the plaintiff's claim that were completed or
commenced between the completion date of the new construction or
improvement and the particular occasion on which the plaintiff was
allegedly denied full and equal access.
   (D) The structure or area of the alleged violation was new
construction or an improvement that was approved by, and passed
inspection by, a local building department official who is a
certified access specialist, and, to the best of the defendant's
knowledge, there were no modifications or alterations that affected
compliance with respect to the plaintiff's claim that were completed
or commenced between the completion date of the new construction or
improvement and the particular occasion on which the plaintiff was
allegedly denied full and equal access.
   (2) Notwithstanding any other law, a defendant's liability for
statutory damages in a construction-related accessibility claim
against a place of public accommodation is reduced to a minimum of
two thousand dollars ($2,000) for each offense if the defendant
demonstrates both of the following:
   (A) The defendant has corrected all construction-related
violations that are the basis of a claim within 30 days of being
served with the complaint.
   (B) The defendant is a small business that has employed 25 or
fewer employees on average over the past three years, or for the
years it has been in existence if less than three years, as evidenced
by wage report forms filed with the Economic Development Department,
and has average annual gross receipts of less than three million
five hundred thousand dollars ($3,500,000) over the previous three
years, or for the years it has been in existence if less than three
years, as evidenced by federal or state income tax returns. The
average annual gross receipts dollar amount shall be adjusted
biannually by the Department of General Services for changes in the
California Consumer Price Index for All Urban Consumers, as compiled
by the Department of Industrial Relations. The Department of General
Services shall post that adjusted amount on its Internet Web site.
   (3) This subdivision shall not be applicable to intentional
violations.
   (4) Nothing in this subdivision affects the awarding of actual
damages, or affects the awarding of treble actual damages.
   (5) This subdivision shall apply only to claims filed on or after
the effective date of Senate Bill 1186 of the 2011-12 Regular Session
of the Legislature. Nothing in this subdivision is intended to
affect a complaint filed before that date.
   (g) This section does not alter the applicable law for the
awarding of injunctive or other equitable relief for a violation or
violations of one or more construction-related accessibility
standards, nor alter any legal obligation of a party to mitigate
damages.
   (h) In assessing liability under subdivision (d), in an action
alleging multiple claims for the same construction-related
accessibility violation on different particular occasions, the court
shall consider the reasonableness of the plaintiff's conduct in light
of the plaintiff's obligation, if any, to mitigate damages.
  SEC. 2.  Section 55.565 is added to the Civil Code, to read:
   55.565.  (a) When a plaintiff brings a construction-related
accessibility claim alleging a violation of a construction-related
accessibility standard within three years of a change in that
standard, statutory damages under subdivision (a) of Section 52 or
subdivision (a) of Section 54.3 may be recovered against a place of
public accommodation only if the plaintiff provides the owner, agent,
or other party responsible for the place of public accommodation
where the alleged violation occurred with sufficient written notice
of the allegations and alleged access barriers on which the claim is
based at least 60 days prior to the filing of any action and the
alleged access barriers are not removed.
   (b) A written notice is sufficient for the purposes of subdivision
(a) if either of the following conditions is met:
   (1) The notice states facts sufficient to allow a reasonable
person to identify the basis of the construction-related
accessibility claim under subdivision (a) of Section 55.31 and states
that the recipient may be civilly liable for actual and statutory
damages for a violation of a construction-related accessibility
requirement if the access barriers that constitute the basis of the
construction-related accessibility claim are not removed within 60
days.
   (2) The notice is a written demand letter that offers
prelitigation settlement negotiations in accordance with subdivision
(b) of Section 55.31.
   (c) For the purposes of this section, "construction-related
accessibility claim," "construction-related accessibility standard,"
and "place of public accommodation" have the meanings set forth in
Section 55.52.