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SB 84 Could Be the Break Small Businesses Need on ADA Lawsuits
A Possible Solution Is on the Table—And It’s Long Overdue
Small business owners across the country are holding their breath—and for good reason. California’s Senate Bill 84 (Niello) could finally bring relief from the wave of ADA lawsuits that have blindsided thousands of businesses over the years. If passed, SB 84 would require a 120-day notice period before legal action could be taken, giving business owners a fair chance to fix accessibility issues without being hit with immediate fines or settlements.
SB 84 gives you 120 days to fix before facing fines. Stop paying for accessibility lawsuits—start preparing instead. Protect your business before the next lawsuit hits. At Web Chick, we help you stay compliant, so you stay protected.
Why Accessibility Matters—And Why It Can Be Costly If Ignored
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 many don’t realize is just how devastating the financial impact can be. In California alone, thousands of ADA-related lawsuits have been filed over the years, often targeting businesses with minor, fixable infractions. Many of these cases never make it to trial because small businesses are forced to settle to avoid costly legal battles.
The average ADA settlement ranges from $4,000 to $6,000 per claim, not including attorney fees or mandated repairs. When multiple violations are cited, costs can skyrocket. The Department of Justice reports that ADA Title III lawsuits filed in federal court have surged, with over 11,400 lawsuits filed in 2021 alone, up from 2,722 in 2013. Many of these lawsuits focus on physical site compliance—but digital accessibility lawsuits are rapidly catching up.
SB 84: A Needed Lifeline for Small Business Owners
California’s Senate Bill 84 (Niello) is a step in the right direction. It proposes a simple yet powerful reform: give small businesses a 120-day notice period to fix issues before a lawsuit can be filed. This would protect business owners—especially those with 50 or fewer employees—from being blindsided by what some call "shakedown lawsuits."
Instead of helping make spaces more accessible, certain law firms have used ADA enforcement as a money-making tool—preying on technicalities and paperwork errors to extract settlements. SB 84 aims to restore balance and give small businesses a fair chance to comply before being penalized.
Digital Accessibility: Don’t Ignore Your Website
As a web designer who specializes in ADA compliance, I can tell you that websites are now a top target for legal action. Many business owners believe ADA laws only apply to physical locations—but that’s no longer true. If your website isn't screen-reader accessible or doesn’t pass WCAG standards, you could be at risk.
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 screen reader testing. His input ensures that our websites aren’t just technically compliant—they’re truly usable.
Protect Yourself Now—Before It Costs You Later
The threat of ADA litigation isn’t going away. In fact, it’s growing. That’s why I urge business owners: don’t wait for a lawsuit to fix accessibility issues. Being proactive could save you thousands of dollars—not to mention your reputation.
For more on SB 84 and how it could impact your business, I encourage you to read this excellent article from NFIB: No More Shakedown Lawsuits.
— Crissy Devine, Web Chick
