Regarding the April 25 editorial “Assembly opts to protect predatory lawyers, guts ADA bill”: We are disappointed that The Bee concluded that “notice and right to cure” bills would improve access and protect small business. These bills simply encourage businesses to wait until they are sued to correct problems. They do little to proactively ensure that nearly 4 million Californians have access they deserve under civil rights laws that have been on the books for decades.
It is also troubling that The Bee relied on cases which could not be brought today because of recent changes to the law. Disability Rights California and business groups worked together to tighten requirements so individuals must show they are personally prevented from using a business. This means a business no longer has to pay damages for signs that are out of date. In addition, people cannot accumulate damages because they made multiple visits or had numerous access problems at the business.
We believe in common-sense solutions that encourage accessibility from the start. One idea is to shift responsibility through lease terms that require landlords who have more resources than tenants to make access fixes.