SB 84 Small Businesses: Notice-and-Cure Rule Advances in 2025

California Senate approves SB 84, granting firms with 50 or fewer employees a 120-day window to remedy accessibility violations before facing damages

Sacramento, California (Times Media Service) – SB 84 small businesses won a pivotal victory on June 4, 2025, when the California Senate overwhelmingly passed legislation introducing a notice-and-cure opportunity for firms with 50 or fewer employees. Under the new measure, businesses alleged to have construction-related accessibility violations must be served a detailed notice and given up to 120 days to correct the issues before being subject to statutory damages, attorney fees, or court costs.

SB 84 small businesses Notice-and-Cure Provisions

SB 84 small businesses creates a structured path for early remediation of accessibility defects. Under current state law, any construction-related barrier that denies an individual full and equal access to public accommodations can trigger minimum statutory damages—even if a small business promptly remedies the defect. SB 84 amends Civil Code Section 55.56 to require:

• Detailed Notice: Plaintiffs must first serve a letter specifying each alleged accessibility violation.
• 120-Day Cure Period: Defendants employing 50 or fewer individuals have 120 days from service to correct all noted violations.
• Liability Shield: Any violation remedied within the 120-day window is exempt from statutory damages, attorney fees, and costs.

By embedding a “notice-and-cure opportunity” directly into the statute, SB 84 small businesses aims to incentivize proactive remediation over swift litigation—potentially reducing legal expenses for both parties and ensuring accessibility barriers are addressed promptly.

Supporters Cite Protection Against Lawsuit Abuse

Proponents argue that SB 84 small businesses strikes the right balance between disability rights and economic fairness. Senator Roger Niello (R-Fair Oaks), the bill’s principal author, said, “People with disabilities deserve accessibility, and businesses deserve the opportunity to fix compliance issues before facing harsh legal consequences. SB 84 strengthens disability rights while safeguarding small businesses from exploitative lawsuits.” Senator Angelique Ashby (D-Sacramento) added, “Small businesses represent a significant percentage of our workforce. This issue is critical to ensuring their ability to succeed in California. SB 84 is carefully crafted to both support small business and to protect access for all in communities across the Golden State.”

Industry trade groups and local chambers of commerce have applauded the measure. They note that small firms often lack the legal resources to defend against claims that may arise from technical or outdated construction standards. By offering a clear path to compliance without immediate penalty, SB 84 small businesses could reduce frivolous filings that drive up insurance premiums and deter new entrepreneurs.

Concerns Over Impact on Americans with Disabilities Act Enforcement

Critics contend that SB 84 small businesses may weaken long-standing civil rights protections by delaying judicial remedies. Disability Rights California and other advocacy organizations argue that requiring people with disabilities to wait up to four months before filing suit undermines the immediate relief intended by the Americans with Disabilities Act. Eric Harris of Disability Rights California testified that “no civil rights law imposes a waiting period of this nature; SB 84 shifts the burden onto individuals who already face barriers—forcing them to shoulder the cost and delay of enforcing their rights.”

Opponents also fear the “notice-and-cure opportunity” could allow non-compliant businesses to drag out remediation or skirt accountability by making superficial fixes just before the deadline. Some legal experts warn that while injunctive relief remains available, the inability to seek statutory damages during the cure period may reduce deterrence and prolong actual access for patrons with disabilities.

Legislative Outlook and Next Steps

Following the 34–2 Senate vote on June 4, 2025, SB 84 small businesses now moves to the Assembly for consideration. Key committees—including Appropriations and Judiciary—will weigh further amendments, with a final floor vote expected by late summer. If approved, the bill head to Governor Gavin Newsom’s desk for signature ahead of the January 1, 2026 effective date.

Lawmakers in the Assembly will consider proposals to refine SB 84’s language, such as shortening the cure period or exempting certain types of violations from the notice requirement. Disability advocates are pushing for enhanced reporting on cure-period outcomes to ensure businesses deliver lasting accessibility improvements. Meanwhile, small business coalitions are seeking clarity on which employees count toward the 50-person threshold and how multi-location enterprises qualify.

As SB 84 small businesses advances, stakeholders on both sides emphasize the importance of crafting a final law that truly improves access—without imposing undue legal burdens on California’s vital small business community.

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