BILL NUMBER: AB 209 INTRODUCED
BILL TEXT


INTRODUCED BY Assembly Member Leslie

JANUARY 28, 2003

An act to amend Section 54.3 of the Civil Code, relating to
disabled persons.


LEGISLATIVE COUNSEL'S DIGEST


AB 209, as introduced, Leslie. Disabled persons: liability.
Under existing law, a person, firm, or corporation that interferes
with various specified rights of a disabled individual is liable for
the actual damages of each offense and any amount determined by a
judge or jury of up to 3 times the amount of the actual damages, but
in no case less than $1,000.
This bill would specify that a person may not be held liable for
the damages described above unless the plaintiff provided the
defendant with notice of the alleged violation of the Americans with
Disabilities Act of 1990 at least 60 days before filing the
complaint, the notice identified the specific facts of the alleged
violation, and the defendant failed to correct the violation within
60 days.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


SECTION 1. Section 54.3 of the Civil Code is amended to read:
54.3. (a) Any person or persons, firm or corporation who denies
or interferes with admittance to or enjoyment of the public
facilities as specified in Sections 54 and 54.1 or otherwise
interferes with the rights of an individual with a disability under
Sections 54, 54.1 and 54.2 is liable for each offense for the actual
damages and any amount as may be determined by a jury, or the court
sitting without a jury, up to a maximum of three times the amount of
actual damages but in no case less than one thousand dollars
($1,000), and attorney's fees as may be determined by the court in
addition thereto, suffered by any person denied any of the rights
provided in Sections 54, 54.1, and 54.2. "Interfere," for purposes
of this section, includes, but is not limited to, preventing or
causing the prevention of a guide dog, signal dog, or service dog
from carrying out its functions in assisting a disabled person.
(b) Any person who claims to be aggrieved by an alleged unlawful
practice in violation of Section 54, 54.1, or 54.2 may also file a
verified complaint with the Department of Fair Employment and Housing
pursuant to Section 12948 of the Government Code. The remedies in
this section are nonexclusive and are in addition to any other remedy
provided by law, including, but not limited to, any action for
injunctive or other equitable relief available to the aggrieved party
or brought in the name of the people of this state or of the United
States.
(c) A person may not be held liable for damages pursuant to both
this section and Section 52 for the same act or failure to act.
(d) A person may not be held liable for damages pursuant to this
section for a violation of subdivision (c) of Section 54 or
subdivision (d) of Section 54.1 unless all of the following
conditions are met:
(1) At least 60 days before filing the complaint, the plaintiff
provided to the defendant notice of the alleged violation of the
Americans with Disabilities Act of 1990 (Public Law 101-336).
(2) The notice identified the specific facts that constitute the
alleged violation, including the location at which the violation
occurred and the date of the violation.
(3) The defendant failed to correct the alleged violation within
60 days of the date the notice of violation was received.

Back to 2003 Legislation

Back to CCB Governmental Affairs Page

Home