Title
Ensuring Fair and Balanced ADA Enforcement: Support for Legislation Establishing a Right to Cure Period for Small Businesses (Districts: All)
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Overview
California leads the nation in Americans with Disabilities Act (ADA) litigation cases, especially when it concerns access to “public accommodations,” with more than 3,000 lawsuits filed in 2025 alone. This places a significant financial burden on small businesses, significantly impacting restaurants, hotels, retail stores, and many others. ADA Title III is the primary basis for which these lawsuits are pursued, which is designed to prohibit discrimination against individuals with disabilities in places of public accommodation, requiring private businesses open to the public to provide equal access to their goods and services.
Recent legislative efforts at the state tried to address this surge in cases and help prevent lawsuit abuse, especially for repetitive litigation and those typically filed by a small group of serial plaintiffs. State Senate Bill 84 (SB 84), authored by State Senator Roger Niello, would have created a 120-day “right to cure” period, providing small businesses with four months to fix alleged ADA violations before facing costly lawsuits. SB 84 would have preserved ADA protections by focusing on timelines and process rather than weakening requirements. For these reasons, the bill received overwhelming bipartisan support in the State Senate; however, it ultimately died in the Assembly Judiciary Committee, despite its common-sense approach and broad support.
Without reform at the state level, such as what SB 84 called for, small businesses remain vulnerable to serial and opportunistic lawsuits over minor or technical violations, which often do not impact actual access for those who need it. Everyone should be able to access any business open to the public - that’s not the concern of this item. Rather, the aim is to support legislation that would establish a statewide right to cure period that also preserves ADA accessibility protections, to help mitigate predatory lawsuits and strengthen economic stability for small businesses throughout the state.
Body
Recommendation by Supervisor Jim Desmond
Direct the Chief Administrative Officer to include in the Board’s Legislative Program support for legislation that will establish a statewide “right to cure” period for small businesses, while also preserving ADA accessibility protections, consistent with Board Policy M-2.
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Equity Impact Statement
This action increases fairness in ADA enforcement by encouraging proactive accessibility improvements without diminishing protections. It supports individuals with disabilities while preventing disproportionate burdens on small businesses, including many minority and family-owned (“mom and pop”) establishments.
Sustainability Impact Statement
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Fiscal Impact
There is no fiscal impact associated with this recommendation. There will be no change in net General Fund cost and no additional staff years.
Business Impact Statement
Small businesses continue to face significant costs related to repeat and/or predatory ADA lawsuits. A right to cure period would reduce this burden, better ensure resources are put toward actual accessibility improvements, and strengthen economic stability for many small business owners.
Advisory Board Statement
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Background
The rise of serial Americans with Disabilities Act (ADA) lawsuits has created significant challenges for small businesses statewide. A small number of plaintiffs and law firms file thousands of lawsuits each year, often focused on minor or easily resolvable issues that do not meaningfully impede or reduce access for those who need it. Businesses are usually left with settling cases to avoid costly legal battles they simply cannot afford, even when violations are minor. Unfortunately, small businesses make for an easy target.
State Senate Bill 84 (SB 84), authored by State Senator Roger Niello, proposed a practical reform: giving small businesses 120 days to correct alleged ADA violations after receiving notice, with lawsuits proceeding only if issues remain unresolved after that time. Despite passing the State Senate with bipartisan support (34-2), SB 84 stalled in the Assembly Judiciary Committee, leading to the bill failing to advance.
Supporting legislation that creates a reasonable, common sense right to cure period would help improve compliance with ADA requirements, reduce abusive litigation, and strengthen local economic activity throughout the state.
Linkage to the County of San Diego Strategic Plan
Today's item supports the Economic Mobility and Transparency and Accountability initiatives of the County’s 2026-2031 Strategic Plan by strengthening stability for small businesses, promoting compliance accessibility requirements, and ensuring fair and reasonable enforcement of the ADA.
Respectfully submitted,
Jim Desmond
Supervisor, Fifth District
Attachment(s)
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