California Disability Access Violations Initiative (2016)

From Ballotpedia
Jump to: navigation, search
California Disability Access Violations Initiative
Flag of California.png
Election date
November 8, 2016
Topic
Law enforcement
Status
Not on the ballot
Type
Constitutional amendment
Origin
Citizens


Voting on
Law Enforcement
Law enforcement.jpg
Ballot Measures
By state
By year
Not on ballot
Local Measures

The Disability Access Violations Initiative (#15-0113) was a proposed initiative and was not put on the November 8, 2016, ballot in California as an initiated constitutional amendment.

The measure would have required those who sue a business or property owner for violating construction-related accessibility laws for persons with disabilities to give 90 days notice before filing the lawsuit. Challenges would become invalid if the accused corrects the violation within those 90 days.[1]

Text of measure

Ballot title

The official ballot title was as follows:[2]

Disability Access Litigation. Initiative Constitutional Amendment.[3]

Ballot summary

The official ballot summary was as follows:[2]

Requires that persons with disabilities who sue property owners or businesses for accessibility violations give 90 days notice before filing suit. Bars suit if the property owner or business cures the violation within 90 days. Requires local permitting authorities to give priority to building permit applications submitted for purpose of making alterations or repairs to comply with accessibility laws.[3]

Full text

The full text of the measure was as follows:[1]

It is a compelling public interest for the People of California to prevent the misuse of the courts

of record of the State by predatory lawsuits whose intent is to enrich undeserving plaintiffs and unscrupulous attorneys rather than to compensate legitimately injured parties. In accordance with this interest; any complaint for an alleged violation of any law governing accessibility to public accommodations for people with disabilities by any business or property owner must be noticed to such business or property owner no less than ninety (90) days prior to the filing of any lawsuit in a court of record of the State. If the business or property owner so noticed cures the alleged violation in accordance with the laws governing accessibility to public accommodations for people with disabilities within ninety (90) days of receiving the notice, then the basis for any complaint referenced in the notice shall be null and void. Local permitting authorities, whether city, county, or city and country, shall give precedence to businesses and property owners attempting to make alterations or repairs to their businesses or properties in order to comply with the laws governing accessibility to public accommodations for people with disabilities.[3]

Fiscal impact

Note: The fiscal impact statement for a California ballot initiative authorized for circulation is jointly prepared by the state's legislative analyst and its director of finance. The statement was as follows:[2]

Potential reduction in state court costs related to civil claims, which could be in the range of a few million dollars annually.[3]

Path to the ballot

See also: California signature requirements and laws governing the initiative process in California


State profile

Demographic data for California
 CaliforniaU.S.
Total population:38,993,940316,515,021
Land area (sq mi):155,7793,531,905
Race and ethnicity**
White:61.8%73.6%
Black/African American:5.9%12.6%
Asian:13.7%5.1%
Native American:0.7%0.8%
Pacific Islander:0.4%0.2%
Two or more:4.5%3%
Hispanic/Latino:38.4%17.1%
Education
High school graduation rate:81.8%86.7%
College graduation rate:31.4%29.8%
Income
Median household income:$61,818$53,889
Persons below poverty level:18.2%11.3%
Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2015)
Click here for more information on the 2020 census and here for more on its impact on the redistricting process in California.
**Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here.

Presidential voting pattern

See also: Presidential voting trends in California

California voted for the Democratic candidate in all seven presidential elections between 2000 and 2024.


More California coverage on Ballotpedia

See also

Footnotes

  1. 1.0 1.1 1.2 California Secretary of State, "Full text," accessed January 28, 2016
  2. 2.0 2.1 2.2 2.3 California Secretary of State, "Initiatives and Referenda Cleared for Circulation," accessed February 7, 2016
  3. 3.0 3.1 3.2 3.3 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.