SB 84 CA Small Businesses Get 120-Day ADA Cure Window

New state law offers small shops and restaurants a grace period to fix accessibility issues before facing statutory damages and attorney fees

Sacramento, California (Times Media Service) – SB 84 California small businesses will gain critical breathing room under a new law that mandates a 120-day ADA cure period before plaintiffs can pursue statutory damages or attorney fees. The measure, approved by the State Senate on June 4, 2025, aims to shield enterprises with 50 or fewer employees from costly “shake-down” ADA lawsuits while preserving the right of individuals with disabilities to secure injunctive relief.

How SB 84’s 120-Day ADA Cure Period Works

SB 84 California small businesses can now rely on a structured process when notified of alleged construction-related accessibility violations. Under the bill’s provisions:

• Detailed Notice Requirement: Plaintiffs must serve defendants a written notice specifying each barrier—such as faulty handrails or missing signage—before filing suit.
• 120-Day Right to Cure: Upon receipt, businesses have four months to correct violations at their own pace and expense.
• No Statutory Damages or Fees: If all cited issues are remedied within 120 days, small businesses face no minimum damages (set at $4,000 per violation) and avoid court costs and attorney fees tied to those infractions.
• Injunctive Relief Unchanged: Individuals may still seek immediate injunctive relief to remove barriers, ensuring that accessibility improvements are not delayed.

This ADA cure period balances enforcement with fairness, focusing on removing physical obstacles rather than penalizing small enterprises for minor oversights.

Bipartisan Support and Legislative Journey

Sponsored by Senators Roger Niello (R-Fair Oaks) and Anna Caballero (D-Salinas), SB 84 sailed through both the Senate Judiciary and Appropriations Committees in May 2025 without a single dissenting vote. On June 4, the full Senate approved the measure 34–2, reflecting broad consensus that small business ADA lawsuits have grown out of hand.

Backers note that California’s minimum statutory damages for ADA infractions—triggered by the mere existence of a violation—have fueled a cottage industry of legal demand letters. By contrast, SB 84’s right to cure aligns with similar protections in federal law, offering a model that could reduce frivolous litigation while maintaining civil-rights enforcement. With the Assembly now weighing amendments, sponsors anticipate final approval before the September 12 legislative deadline.

Supporters and Critics Weigh In

Supporters of SB 84 California small businesses hail the bill as a common-sense reform:

• California Citizens Against Lawsuit Abuse (CALA) Executive Director Victor Gomez calls it “a much-needed brake on abusive litigation.”
• The National Federation of Independent Business says the cure period reflects real-world budgeting constraints for enterprises with limited staff and capital.

However, critics caution that delaying financial remedies could undermine the ADA’s deterrent effect:

• Disability-rights advocates worry that the 120-day window might allow barriers to persist longer, inconveniencing individuals who must navigate non-compliant facilities.
• Legal scholars argue that removing immediate statutory consequences could weaken incentives for proactive compliance, potentially leading to recurring violations.

What’s Next for California Entrepreneurs?

If the Assembly passes SB 84 and Governor Newsom signs it into law by late 2025, small businesses must adapt to the new notice and cure protocol. Key considerations include:

• Notice Management: Establishing procedures to track incoming ADA notices and promptly assess alleged violations.
• Timely Remediation: Budgeting for accessibility upgrades—ranging from installing ramps to updating restrooms—to meet the 120-day deadline.
• Legal Preparedness: Consulting with counsel to verify whether a business qualifies as a “small business” under the 50-employee threshold and to understand when injunctive relief may still apply.

Industry groups plan workshops and model notice templates to help storefronts, cafés and service providers comply efficiently. Disability-rights organizations, meanwhile, will monitor how the new ADA cure period affects access improvements on the ground.

Stephanie Ramirez / California Contributor (Times Media Service)
Native Californian, she sees California’s importance & aims to enhance its quality and enjoyment for all.
sramirez@timesmediaservice.com