California’s SB1186, Sadly, Is Not the Panacea to ADA Litigation

By Kathleen E. Finnerty, Esq.

 

Kudos to Senators Dutton and Steinberg for working diligently with the business and disability communities to get SB1186 passed last week.  After countless attempts by many, present company included, to modify the laws and balance some of the iniquities that have allowed a very few to profit very greatly – this is progress, but it is far from a cure.   What every business in California needs to recognize is that SB1186 will only apply to cases filed in California state courts.  Less than 10% of all ADA claims are filed in State Court.   This new law, much like SB1608 passed in 2009, will not apply to cases filed in Federal Court.

With great respect to all involved, I suggest that perhaps it is time for Sen. Steinberg to return volley with a letter to Sen. Steinberg encouraging her to accomplish the same task as the Federal Level.