AB1707 Judiciary !!VETOED!! Disability Access Denial Penalty
!UPDATE! VETOED with attached message. CDR SUPPORTED this measure.
It is with great regret that I must tell you the Governor has vetoed AB1707.
The text of his veto message appears below.
I think it speaks for itself, so I won't add any commentary at this point except to say that I think I know what kind of legislative proposals we can expect to see next year.
GOVERNOR'S VETO MESSAGE: This bill reveals the next lawsuit abuse problem in California that is likely to drive businesses out of the state. By quadrupling the minimum fines associated with unintentional violations under the Disabled Persons Act (DPA), the bill will have the effect of extorting money from state and local governments much the same way violations under the Unruh Act extort money from small businesses. Instead of providing incentives to correct violations in buildings and facilities to assist the disabled community this bill will cause the focus to revolve around litigation. Businesses are often faced with a lawsuit that has a potential to be financially damaging in defending or paying increased fines for mistakes such as the height of a sign that can be easily corrected. It is unfortunate that legislation, such as AB 209 (Leslie) that would reform the system did not make it through the legislative process. I would welcome legislation that would provide an avenue for businesses or governments to correct potential violations prior to being subjected to fines or civil liability. The public policy goal should be to ensure public and private facilities are open to those with disabilities, not to penalize businesses financially for unintended violations that can easily be corrected once put on notice.
Kevin G. Baker
CounselAssembly Judiciary Committee
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This bill has undergone significant changes from first proposal to very bad to back to original intent. The bill passed and sent to the Governor's desk makes the penalties in two sections of California code equal. CDR supports this version!
posted by CDR 17 at 9:48 PM
4 Comments:
From the Oakland Tribune
Corbett bill to protect disabled
By STAFF REPORTS
A bill authored by Assemblywoman Ellen Corbett, D-San Leandro, which address fine increases for disabled discrimination is waiting for the governor's signature.
Assembly Bill 1707, would increase the minimum penalty for discriminating against people with disabilities under the Disabled Persons Act. It would increase the fine from $1,000 to $4,000.
The rise in the penalty amount would bring the fees for violation of the DPA into conformity with those of the Unruh Civil Rights Act -- a separate, but related, law.
While the minimum penalty for violating the Unruh Act was increased to $4,000 in 2001, the Disabled Persons Act remained unchanged until AB 1707.
According to Corbett's office, both acts aim to provide full and equal access for the disabled, with the Unruh Act applying to business establishments, and the DPA to public facilities. The acts overlap so often that they are generally viewed as a single body of disability law.
"To effectively fight against discrimination, our laws must be both strong and consistent," Corbett said. "AB 1707 ensures that we can better prevent discrimination so that enforcement can be effective and fair."
AB 1707 is sponsored by the California Center for Law and the Deaf, and a broad coalition of disability rights organizations and advocates.
RESPONSE to Governor's request for Legislation
The California Business Protection Act
This measure is necessary in these difficult times to make the California
business
environment accessible and usable by business owners doing business or
desiring to do business in the Great State of California. In order to attract
businesses and willing money lenders, the State of California does find the
following to be imperative:
Immediate repeal of Civ Code 4450; 4452; 4458; 4460
Immediate repeal of Title 24 of the state building codes
Immediate repeal of the Civ Code 51, Gov Code 12926, 12955 and 12955.3
Immediate repeal of the Disabled Persons act civ code 54
Immediate repeal of State Gov. Code 12940 FEHA
Immediate repeal of Gov Code 11135
Immediate repeal of Ins Code 10144, 10145; 11628.5 and .7
Immediate repeal of H & S Code 19952;19955; 19956;19958.5
Immediate repeal of H & S Code 13011
Let’s face it honestly, successful business owners have only remained
successful by
avoiding compliance and avoiding the hard cash outlay all those measures
above place between a business owner and hard earned profits. Spending hard
earned profits on access for a handful of disabled and deviations of good health do
not make for a friendly business environment.
Most of those people are on the public dole anyway and can’t contribute in
any meaningful way to the profitability of California businesses.
Repealing these measures resolves ambiguity that results from total lack of
enforcement at every local, regional and state level.
Business owners cannot be expected to constantly be harassed by crips and
deviants,
they tire of chasing these troublemakers from honest business establishments.
How many times must a business owner give smile service to crips demanding
access and service. The burden this places on the local business community is
onerous and very unpleasant.
California desires to be a State willing to do whatever it takes to bring
business to the state.
Analysis:
State University and Colleges can reduce their budgets by one-third, freeing
up scarce state funds for those who will truly benefit by education.
California will have a robust nursing home industry as all those crips go to them for
whatever level of service the industry deems appropriate and at a guaranteed
profit level as established in the pork barrel political environment of 2004.
The true revolution for Incorporating California begins with the enactment of
the above measures.
Analysis written by a disgusted disabled republican, tired of having our
civil rights become fodder for partisan politics.
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Hi,
This is a question for the webmaster/admin here at www.blogger.com.
Can I use part of the information from your post right above if I provide a backlink back to your site?
Thanks,
Daniel
Hello Daniel,
I would like to say yes - but you have posted anonymously, so I cannot get to know you. Please email a brief bio and statement of purpose to cdr4info@aol.com.
Thanks in advance for understanding our concers.
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