South Bay leaders celebrate new state law helping businesses comply with ADA

Local leaders and disability rights groups on Thursday celebrated the signing of a new law that will expand funding to small businesses to improve compliance with the Americans with Disabilities Act on the 32nd anniversary of the federal law that made discrimination against people with disabilities illegal.

That included access to public accommodations. All new construction after 1992 had to be fully compliant with ADA accessibility guidelines, including ramps for wheelchairs, handrails on stairs and walkways and providing handicap restrooms and parking spaces. Existing buildings would have to add accessibility accommodations to become compliant.

The new law, Assembly Bill 2164, was sponsored by Assemblymember Alex Lee, D-San Jose, and signed by Gov. Gavin Newsom last month, would allow California cities to continue to collect a $4 fee on all business tax registrations for disability access and education and to provide grants to small businesses to make accessibility improvements.

That fee was increased from $1 in 2018. The increase was set to expire in December, but AB 2164 makes the $4 fee permanent.

Lee said that San Jose is one of two cities that lead the state in ADA compliance lawsuits. In 2021, ADA litigation in the U.S. District Court for the Northern District of California exploded. Filings tripled from 2020. ADA cases amounted to more than 25 percent of all new filings in the district that year, according to a Bay City News analysis.

“It can be hard for businesses to understand complex requirements, especially for those that might not have the resources or have limited English proficiency. But it’s critically important that they are in compliance because that also means that people with disabilities can access goods or services,” Lee said.

Lee, who said he has a large Asian constituency, said it can be hard for small businesses to understand the complexities of ADA compliance and to raise funds to make the improvements. It can be even harder, still, if those proprietors are not proficient in English.