Is a Cure on the Way for Small Businesses Facing Construction-Related Accessibility Claims?

By Brian Mills and Ashley McLachlan

The California legislature may be providing California small businesses with another tool to combat construction-related accessibility claims through Senate Bill 84 (SB 84) which advanced to the State Assembly on June 4, 2025. 

Under California’s Unruh Civil Rights Act and California’s Disabled Persons Act, statutory damages are recoverable for construction-related accessibility claims where an individual is denied full and equal access to a public accommodation. Violations can result in penalties including statutory damages of up to $4,000 per violation (and often multiple violations are alleged) or actual damages, plus attorneys’ fees and costs. These claims can be expensive to defend and often require the use of construction experts. 

Aimed at easing the burden these kinds of claims have on small businesses in California, SB 84 would require claimants to provide small businesses with a 120-day notice and cure period before they may file a civil lawsuit in court. Small businesses are those which employ 50 or fewer employees. Under the current language of SB 84, claimants are required to send a letter to the alleged violators specifying each claimed violation and must wait 120 days from service of the letter before filing a civil action in court. If the small business can correct the claimed violations within the 120-day timeframe, they would not be held liable for statutory damages, or the plaintiffs’ attorneys’ fees, or costs.

The bill received bipartisan support on the Senate Floor with an overwhelming majority. During the committee hearing on June 4, lawmakers from across the aisle spoke in support of the bill. Many lawmakers who spoke in support of the bill referred to the impact high-frequency litigates with construction-related disability claims have had on small family-owned businesses – operated by individuals who may be unfamiliar with the legal process and who may lack the financial capacity to fight these claims in court.

If passed, SB 84 provides a way for small businesses to avoid facing construction-related claims seeking statutory damages and attorneys’ fees in court.