[Cagdu] FW: [nagdu] Article: California Enacts New Disability Access Legislation

Wed Jan 21 14:57:02 PST 2009

Subject: [nagdu] Article: California Enacts New Disability Access
Legislation

California Enacts New Disability Access Legislation

20 January 2009

Article by Proskauer Rose LLPs Accessibility And Accommodations Practice
Group 

California Governor Arnold Schwarzenegger, in 2008, signed a landmark
disability access bill, S.B. 1608, aimed at promoting and increasing
compliance with

state and federal civil rights laws providing equal access for individuals
with disabilities in public accommodations and reducing frivolous,
unnecessary

litigation that does not advance the goals of disability access.

Conflicting disability access standards under California and federal laws, a
lack of continuing education for building inspectors and architects, and
inconsistent

interpretations of state law have made compliance with disability access
standards in California difficult. S.B. 1608's provisions are designed to
address

those issues and improve accessibility compliance throughout the state.
State Senator Ellen Corbett, one of the bill's sponsors, has stated she
believes

the bill "strikes a much needed balance between the rights of people with
disabilities and businesses that need to be in compliance with ADA."

The law adds several new provisions to the California's existing disability
access laws, including the Business and Professions Code, Government Code,
and

the Health and Safety Code. Most provisions took effect January 1, 2009,
with some provisions delayed until July 1, 2009.

Some key highlights of the new law:

list of 7 items

* Establishes a 19 member California Commission on Disability Access.
This independent commission will conduct studies and make reports to the
Legislature

on disability access throughout the state. 

* Requires a court, with respect to an action involving a
construction-related accessibility claim, to issue an order granting a
90-day stay of the claim,

scheduling an early evaluation conference, and directing the defendant to
file with the court and serve on the plaintiff any relevant Certified Access

Specialist inspection report if the defendant has satisfied certain
requirements relating to inspection of the site at issue. The stay and early
evaluation

conference is not a "right-to-cure" period nor is it a "safe harbor." 

* Provides that in a construction-related accessibility claim, damages may
be recovered against a place of public accommodation only if a violation of
construction-related

accessibility standards denied the plaintiff full and equal access to the
site on a particular occasion. 

* Requires a plaintiff's attorney to provide a written advisory to a
building owner or tenant with each demand for money or complaint for any
construction-related

accessibility claim, as defined in the law, in a form to be developed by the
Judicial Council. The advisory form must explain the right to a court stay

and early evaluation conference to assess the merits of the claim. This is
not a pre-lawsuit notification provision. 

* Requires architects and building inspectors to complete coursework
regarding disability access requirements, and requires construction
inspectors, plans

examiners, and building officials to complete at least 8 hours of continuing
education relating to disability access requirements every 3 years. 

* Requires every local building department to employ or retain a Certified
Access Specialist. 

* Enacts the Construction-Related Accessibility Standards Compliance Act
providing for the inspection of sites by Certified Access Specialists, the
provision

of specified certificates, and reports regarding those inspections. 

list end

The new law serves as a reminder that employers should evaluate their
businesses regularly to ensure they are in compliance with access
requirements and

other aspects of disability discrimination laws.

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Craig Borne, Esq.

Equal Opportunity Specialist

Disability Program Manager

National Highway Traffic Safety Administration 

Office of Civil Rights

1200 New Jersey Avenue, Southeast  

Suite W43-321 

Washington, DC 20590

Office : (202) 493-0627

Fax: (202) 493-2990 

Email: craig.borne at dot.gov <mailto:craig.borne at dot.gov> 

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