Safe Harbor for Violations of Disability Access Under the Unruh Act

Ervin Cohen & Jessup LLP
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Senate Bill 269 provides a “safe harbor”  period for some businesses to correct certain violations related to construction-related disability access under the Unruh Act.  The bill reduces fines for certain technical violations corrected within 15 days of notice or service of the complaint, whichever is earlier, and where a business has had a Certified Access Specialist (CASp) inspect the property.  In addition, lower fines apply to smaller businesses which employed 25 or fewer employees on average over past 3 years, and which have averaged gross receipts of less than $3,500,00 over previous 3 years.  SB 269 took effect on May 10, 2016.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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