SB 84 is a bill in the California Legislature. It would make it harder for disabled people to use the courts when a business has a barrier that shuts them out. Below are the main reasons to oppose it, in plain language. You can use these points below in letters, in meetings, or when you talk with lawmakers.
What the bill would do
- Right now, if a business has a barrier — like no ramp, or a doorway that is too narrow — a disabled person can go to court and ask for the set amount of money the law gives people who are shut out.
- SB 84 would change this for businesses with 50 or fewer workers. First, the disabled person would have to send the business a letter that lists each problem. Then they would have to wait 120 days. Only if the business does not fix the problem in that time could they ask for that money.
- This is not a new idea. Lawmakers have said no to bills like this many times before. The Senate passed this version in 2025. It is now waiting for a hearing in the Assembly.
It treats disabled people unfairly
- No other civil rights law works this way. If someone is treated unfairly because of their race or their religion, they do not have to warn the other side and wait months before they can go to court.
- SB 84 puts this extra step on disabled people only. That sends a message that their rights matter less.
It makes disabled people do the work for free
- Businesses have had more than 30 years to follow the disability access law. SB 84 flips that around.
- It makes disabled people find the problems, write them up, and wait — with no pay for their time and no pay for being shut out.
- It also tells businesses they can wait and see if anyone complains, instead of fixing barriers now.
“You can still ask a court to fix it” is not a real answer
- Supporters say disabled people can still ask a court to make the business fix the barrier. That part is true.
- But the money is what makes these cases possible. Money is what makes it so a person facing a barrier can hire a lawyer and bring the case at all. Take away the money, and most cases will never be filed. The barrier just stays.
- The money also makes up for the harm of being turned away. Without it, the disabled person pays the price for the business’s mistake.
Judges already have ways to stop people who misuse the courts
- The real worry behind SB 84 is a small number of people who file a lot of these lawsuits.
- But California already has special rules for them. People who file many of these cases have to follow stricter steps and pay an extra fee.
- Judges also already have power to deal with bad lawsuits. They can punish people who file junk cases. They can label someone a problem filer and make them get the court’s okay before filing again. And they can throw out cases that have no real basis.
- The fair fix is to use these tools on the few people who misuse the system. SB 84 does the opposite. It punishes every disabled person for what a few people do.
The law already protects businesses
- The law already looks at the business’s situation. It asks whether the building is old, whether the fix is easy and affordable, and how much money the business has.
- SB 84 ignores this balance. It tips things in favor of businesses that have not followed the law.
Help businesses and fix barriers — don’t close the courthouse
- There is already money to help businesses. The government gives tax breaks for access fixes — up to $5,000 off their taxes one way, and up to $15,000 off another way. Many businesses do not know about this.
- California already helps businesses learn the rules. There is a state program of trained inspectors (called CASp) who check a business and tell the owner what to fix. There is also a state office whose whole job is to help businesses follow the law and avoid lawsuits. And businesses already get a written notice about their duties.
- Better ideas than SB 84: give businesses grants and low-cost loans to fix barriers; stop landlords from pushing the cost of access onto their small-business renters; and offer help in more languages for owners who do not speak much English.
A better approach already exists
There is another bill, AB 649 (Lowenthal), that takes a smarter path. It protects a business only if the business actually gets an inspection and fixes the problems found. In short, it rewards businesses for doing the work — not for waiting to get caught.
The bottom line
SB 84 treats disabled people as less than everyone else. It takes away their main way to enforce their rights. It rewards businesses for waiting. And it will leave more barriers in place. California already has better tools and better choices. Please oppose SB 84.
What can you do to help oppose SB 84?
If you live in California, please tell lawmakers to vote NO on SB 84! Please flood the inboxes and phone lines of the Assembly Judiciary Committee and individual representatives’ offices! Call the Assembly Judiciary Committee at (916) 319-2334 or email them. Find California’s Representatives on this website: findyourrep.legislature.ca.gov.
Sample Letter
Instructions
Fill in the parts in bold and in brackets with your own words. The part marked [SHARE YOUR STORY] matters most. A real story from your life does more than any argument.
Send your letter to the head of the Assembly Judiciary Committee and to your own Assemblymember.
You can find your Assemblymember at findyourrep.legislature.ca.gov
You can also submit your letter online: calegislation.lc.ca.gov/Advocates
Language
[Date]
The Honorable Ash Kalra
Chair, Assembly Judiciary Committee
California State Assembly
1021 O Street, Suite 4610
Sacramento, CA 95814
(Also send a copy to your own Assemblymember.)
RE: SB 84 (Niello) — Please vote NO
Dear Assemblymember Kalra:
I am writing to ask you to vote no on SB 84. [Say who you are in one line — for example, “I am a disabled person living in [city],” or “I am a lawyer for disabled clients,” or name your group and who it serves.]
SB 84 would make disabled people send a business a warning letter and then wait 120 days before they could ask a court for money when a barrier shuts them out. No other civil rights law works this way. Lawmakers have said no to this idea before, and they were right to.
[SHARE YOUR STORY — replace this part: In a few sentences, tell about a real barrier you or your client ran into. Where did it happen? How did it affect you? What was it like to be shut out? If you know, say how long the business knew about the barrier, or what it did when you asked. A real, specific story is the strongest part of this letter.]
Businesses have had more than 30 years to follow the disability access law, and California already helps them do it. There are trained state inspectors who tell owners what to fix. There is a state office that helps businesses follow the law. And there are tax breaks worth up to $5,000 and $15,000 a year for access fixes. SB 84 does the opposite. It tells businesses they can wait to see if they get caught. And it puts the work on the very people the law is meant to protect.
If the worry is a few people who file too many lawsuits, the courts can already handle that. California already makes those filers follow stricter rules and pay more. Judges can already punish bad lawsuits and throw out weak ones. We should use those tools on the few people who misuse the system — not take away the rights of every disabled person.
Instead of making it harder to go to court, the state should help businesses learn the rules, tell them about the tax breaks, and give money to fix barriers. Another bill, AB 649, takes a better path. It protects a business only if it gets an inspection and fixes the problems found
Please vote no on SB 84. You are welcome to contact me with any questions.
Sincerely,
[Your Name]
[Your Title, if any]
[Your Group, if any]
[City, California]
[Email or Phone — optional]
Sample Call Script
Hi, my name is [your name], and I live in [your city]. I’m calling to ask the Assemblymember to oppose SB 84.
I’m a disabled person. SB 84 would make it harder for disabled people like me to use the courts when a business shuts us out with a barrier — like no ramp or a doorway that is too narrow.
This bill is unfair. No other civil rights law makes people warn the other side and wait months before going to court. SB 84 puts that extra burden on disabled people only.
Businesses have had more than 30 years to follow the access law. This bill rewards the ones that didn’t, and it leaves the barrier in place.
If there are people who misuse these lawsuits, California already has rules and judges who can deal with them. We don’t need to take away rights from every disabled person.
Please vote no on SB 84. Thank you.
