Existing law imposes liability upon a person who denies, aids, or incites a denial of, or makes any discrimination or distinction contrary to, rights afforded by law for actual damages suffered, exemplary damages, a civil penalty, and attorney's fees, as specified, to any person who was denied the specified rights. Existing law also imposes liability upon a person, firm, or corporation that denies or interferes with admittance to, or enjoyment of, public facilities or otherwise interferes with the rights of an individual with a disability, as specified, for damages and attorney's fees to a person who was denied those rights.
This bill would provide that statutory damages based upon the inaccessibility of an internet website under these provisions shall only be recovered against an entity, as defined, if the internet website fails to provide equally effective communication or facilitate full and equal enjoyment of the entity's goods and services to all members of the public. The bill would require, in order for a plaintiff to be entitled to statutory damages for internet website inaccessibility, the plaintiff to prove either that the plaintiff personally encountered a specific barrier that caused the plaintiff to experience a difference in the plaintiff's access to, or use of, the internet website as compared to other users, as specified, or that the plaintiff was deterred from accessing all or part of the internet website or the content of the internet website because of the internet website's failure to provide equally effective communication or to facilitate full and equal enjoyment of the entity's goods and services offered to the public. The bill would provide that an entity's internet website is presumed to provide equally effective communication and to facilitate full and equal enjoyment of the entity's goods and services to all members of the public for the purpose of determining whether an award of statutory damages is warranted, as specified, if the internet website has a certain certification by a professional reviewer, as defined, that, among other things, the internet website is designed and intended to conform to the internet website-related accessibility standard, as defined.
This bill would make it unlawful for a resource service provider, as defined, in exchange for remuneration, to intentionally, negligently, recklessly, or knowingly construct, license, distribute, or maintain for online use an internet website that fails to provide equally effective communication or fails to facilitate full and equal enjoyment of the entity's goods and services to all members of the public, including any member of the public who is a person with a disability. The bill would also make it unlawful for a resource provider to intentionally, negligently, knowingly, or recklessly make certain false representations, including that the resource provider is a professional reviewer or otherwise qualified to assess the accessibility of an internet website. The bill would authorize a civil action by a person or entity that pays, compensates, or contracts with a resource service provider to construct, license, distribute, or maintain an internet website for the purpose of providing equally effective communication or facilitating full and equal enjoyment of the person or entity's goods and services to all members of the public, including any member of the public who is a person with a disability, with remedies as prescribed. The bill would also authorize the Attorney General, the Civil Rights Department, or a district attorney, county counsel, or city attorney to bring an action to obtain injunctive or declaratory relief and attorney's fees and costs. The bill would provide that a provision within a contract between a person or entity and a resource service provider that seeks to waive liability under these provisions, or otherwise shift liability to a person or entity that pays, compensates, or contracts with the resource provider, as provided, is void as a matter of public policy and subject to specified provisions of the Ralph Civil Rights Act of 1976 relating to waiver of rights.

Statutes affected:
AB1757: 6092.5 BPC, 811.9 GOV, 990.2 GOV, 26524 GOV, 26529 GOV, 27647 GOV, 27648 GOV, 53214.5 GOV, 68111 GOV, 69894.3 GOV, 69894.4 GOV, 77210 GOV, 11488.4 HSC, 11488.5 HSC, 2620 PEN
03/02/23 - Introduced: 6092.5 BPC, 811.9 GOV, 990.2 GOV, 26524 GOV, 26529 GOV, 27647 GOV, 27648 GOV, 53214.5 GOV, 68111 GOV, 69894.3 GOV, 69894.4 GOV, 77210 GOV, 11488.4 HSC, 11488.5 HSC, 2620 PEN
AB 1757: 6092.5 BPC, 811.9 GOV, 990.2 GOV, 26524 GOV, 26529 GOV, 27647 GOV, 27648 GOV, 53214.5 GOV, 68111 GOV, 69894.3 GOV, 69894.4 GOV, 77210 GOV, 11488.4 HSC, 11488.5 HSC, 2620 PEN