The Daily Brew · ADA Compliance · Updated June 2026

California SB 84:
Could small businesses finally get a fair shot on ADA?

Senate Bill 84 would give small businesses a 120-day window to fix ADA accessibility issues before lawsuits could proceed. The bill passed the California Senate 34–2 in 2025 — but it’s been stuck in the Assembly Judiciary Committee ever since. Here’s where things stand, what it would change, and why it matters even if you’re not in California.

By Crissy Devine · Web Chick · ADA Specialist since 1995 · ~7 min read
Status As of June 2026: SB 84 passed the California Senate 34–2 in 2025. It’s currently stalled in the Assembly Judiciary Committee, where Chair Ash Kalra has not scheduled a hearing. The bill must pass the Assembly to reach Governor Newsom’s desk.
Illustration of a worried small-business owner reviewing ADA lawsuit paperwork — Web Chick Daily Brew on California SB 84.

Small business owners across the country have been holding their breath, and for good reason. California’s Senate Bill 84 could finally bring real relief from the wave of ADA lawsuits that blindside thousands of businesses every year. The bill won’t fix every problem — and it’s California-only — but the trend it’s responding to affects business owners in every state, including right here in Ohio.

In this guide
  1. Why this matters — the ADA lawsuit crisis
  2. What SB 84 would actually do
  3. The 2026 numbers
  4. Digital accessibility: don’t ignore your website
  5. How to protect yourself right now

Why this matters — the ADA lawsuit crisis

If you’re a small business owner, you’ve likely heard of the Americans with Disabilities Act (ADA) and the lawsuits that follow if your property or website doesn’t comply. What most owners don’t realize is just how devastating — and how predatory — the financial impact can be.

In California alone, thousands of ADA-related lawsuits have been filed against small businesses over the past decade, often over technicalities that could have been fixed in an afternoon. Many of these cases never make it to trial; small businesses settle to avoid the legal fight, even when the violation is trivial or arguable.

Critics call them “drive-by” or “shakedown” lawsuits because plaintiffs (or their attorneys) often spot alleged violations from quick site visits or online photos — sometimes without ever meaningfully entering the business. Recent reporting documented a single plaintiff who filed 47 ADA lawsuits against Sacramento businesses in three years.

“Beyond the burden on small businesses, legal system abuse costs every Californian $2,566.70 annually.”

— California Citizens Against Lawsuit Abuse (CALA), in support of SB 84

What SB 84 would actually do

Senator Roger Niello’s Senate Bill 84 proposes a simple, powerful reform: give small businesses 120 days to fix alleged ADA violations before a lawsuit can proceed. Specifically:

  • Plaintiffs must serve businesses with a letter detailing each alleged violation
  • Businesses then have 120 days to correct the issues
  • If corrected within that window, statutory damages, attorney fees, and costs do not apply
  • If the business fails to act, full legal recourse remains available
  • Applies to defendants employing 50 or fewer people

The bill targets construction-related accessibility claims — the technical, paperwork-driven physical violations that make up the bulk of California’s drive-by lawsuit problem. It doesn’t weaken disability access laws; it gives businesses a real chance to comply before being penalized.

The opposition: Disability Rights California and other civil rights groups oppose SB 84, arguing it would let businesses delay access for disabled people until a formal letter forces compliance. Supporters counter that the current system rewards lawsuits over actual access improvements — most settlement money goes to attorneys, not accessibility fixes.

The 2026 numbers

The case for reform is largely a numbers case. The most recent figures:

$14KAverage ADA settlement in 2026 (most goes to attorneys, not access fixes)
47ADA lawsuits filed by a single plaintiff against Sacramento businesses in 3 years
120Days SB 84 would give businesses to fix issues before a suit could proceed
34–2Vote by which SB 84 passed the California Senate in 2025

The federal trend is just as striking. ADA Title III lawsuits filed in federal court surged from about 2,700 in 2013 to well over 11,000 per year by the early 2020s, and the fastest-growing category is website accessibility lawsuits — not physical sites. That trend affects every business with a website, not just California ones.

Digital accessibility: don’t ignore your website

As a web designer who’s specialized in ADA compliance for 30 years, I can tell you websites are now a top target for legal action. Many business owners still believe ADA laws only apply to physical locations — that’s no longer the case. If your website isn’t screen-reader accessible or doesn’t pass WCAG 2.1 AA, you’re exposed.

Property managers and lodging operators get hit especially hard. Hotels, vacation rentals, and cabin operators are clear “places of public accommodation” under ADA Title III — whether the “place” is the building or the booking website. We’ve seen Hocking Hills cabin sites, Florida condo rentals, and California property portfolios all get targeted.

Real testing, by a real screen-reader user

At Web Chick, accessibility isn’t optional — it’s standard. We test and retest every site with both automated tools and manual screen-reader reviews. I’m proud to have Tyler, my legally blind assistant, handle our final JAWS testing on every project. His input ensures our websites aren’t just technically compliant — they’re actually usable. That’s the difference between a defensible site and a target.

How to protect yourself right now

You can’t wait for SB 84 to pass before getting serious about ADA. Even if it does pass, it won’t apply to:

  • Businesses outside California
  • Federal ADA Title III claims (the rapidly-growing category)
  • Website accessibility lawsuits (mostly handled in federal court)
  • Businesses with more than 50 employees

Practical steps that actually reduce your risk:

  1. Audit your website with a real screen reader — not just an automated tool, not an “accessibility overlay” widget. Both have been ruled inadequate in court.
  2. Convert inaccessible PDFs to HTML. Tagged PDFs rarely pass; HTML always can. (More on this here.)
  3. Document your accessibility work. Keep records of audits, testing, fixes, and dates. If you ever do get a demand letter, documentation matters.
  4. Skip the “accessibility widget”. Tools that promise a one-line script fix have been named in lawsuits as making sites worse for screen-reader users.
  5. Work with a hand-coding ADA specialist, not a plugin-based agency. Defensible compliance comes from code that’s built right, not bolted on after the fact.
For Ohio property managers and government agencies: The federal DOJ ADA Title II web compliance deadlines (April 26, 2027 for public entities serving 50,000+; April 26, 2028 for smaller entities) hit regardless of what California does with SB 84. The clock is ticking.
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Final thoughts (from me, not a robot)

The threat of ADA litigation isn’t going away — it’s growing, especially online. SB 84 could be a real lifeline for California small businesses, but every business owner reading this should treat accessibility as proactive risk management, not a wait-and-see problem.

Being proactive saves you the $14,000 settlement, the attorney fees, the reputation hit, and the brain-melting stress of opening a registered letter from a law firm you’ve never heard of. It also — and this is the part that gets lost — makes your business actually usable by people who depend on accessibility. That’s the original point of all of this.

Get an Accessibility Audit →

Originally published April 2025 · Fully updated June 15, 2026 with the current SB 84 legislative status, 2026 settlement figures, federal lawsuit trend data, expanded FAQ, and Schema markup. Web Chick keeps Daily Brew articles current as the legal landscape changes.

Further reading from outside sources (links open in a new tab on third-party sites):

Quick answers

SB 84 & ADA lawsuits FAQ

What is California SB 84?

California SB 84 is a state bill authored by Senator Roger Niello that would require a 120-day notice and cure period before construction-related ADA accessibility lawsuits can be filed against small businesses. Plaintiffs would need to send a letter detailing the alleged violations, and if the business fixes them within 120 days, statutory damages and attorney fees would not apply.

What is the current status of SB 84 in 2026?

As of June 2026, SB 84 has passed the California Senate (34–2) but is stalled in the Assembly Judiciary Committee, where Chair Ash Kalra has not scheduled a hearing. The bill needs to pass the Assembly to reach Governor Newsom’s desk. Supporters are pushing for a hearing.

Does SB 84 apply to my business if I’m not in California?

No — SB 84 is California-specific. However, ADA lawsuits are a federal issue under the Americans with Disabilities Act, and similar lawsuit patterns affect businesses nationwide. Federal ADA Title III website lawsuits have surged in every state. And federal ADA Title II deadlines (April 26, 2027 for entities serving 50,000+; April 26, 2028 for smaller entities) apply to government agencies in all states.

What is a “drive-by” or “shakedown” ADA lawsuit?

A “drive-by” or “shakedown” lawsuit is one where plaintiffs (or their attorneys) identify alleged ADA violations without ever meaningfully entering the business — sometimes from online photos or quick site visits. Settlements typically run $4,000 to $14,000 or more, with most going to attorneys rather than to accessibility fixes. Critics argue these lawsuits exploit technicalities rather than improving real access.

Do ADA lawsuits apply to websites or just physical locations?

Both. ADA Title III applies to “places of public accommodation,” which courts increasingly interpret to include websites and mobile apps for businesses that serve the public. Web accessibility lawsuits have surged dramatically, especially around retail, hospitality, and lodging websites. ADA Title II separately requires government websites to meet WCAG 2.1 AA by 2027–2028.

What’s the average ADA lawsuit settlement in 2026?

The average ADA settlement now runs approximately $14,000, with most of the money going to plaintiffs’ attorneys rather than to actual accessibility fixes. This is up significantly from the $4,000–$6,000 range cited in earlier years. When multiple violations are stacked — common in these lawsuits — costs can run substantially higher.

How can my small business protect itself from ADA lawsuits?

Be proactive. Audit your physical space and website for WCAG 2.1 AA compliance. Convert non-accessible PDF forms to HTML. Test with real screen readers like JAWS and VoiceOver, not just automated tools. Document your accessibility efforts. And skip “accessibility overlay” widgets — courts have ruled them inadequate, and they’re sometimes named in lawsuits as making sites worse.

Does Web Chick help with ADA compliance?

Yes. Every Web Chick site is hand-coded to WCAG 2.2 AA and tested with JAWS, VoiceOver, and a legally blind assistant (Tyler) who walks through each site before delivery. We also convert inaccessible PDFs to compliant HTML, audit existing sites, and serve property managers, government agencies, and small businesses in Ohio, Florida, California, and beyond.

Crissy Devine, founder of Web Chick — 30-year Ohio-based web designer specializing in hand-coded, ADA-compliant websites.

Worried about ADA exposure?

I’m Crissy Devine — founder of Web Chick, 30 years building hand-coded, ADA-compliant websites for Ohio governments, property managers, and small businesses in Ohio, Florida, California, and beyond. If you’re not sure where you stand, let’s look at your site together. No pressure, no overlay-widget sales pitch — just a real assessment.

Request a Free Audit Call 740-681-1769