Bill > SB0068

This bill, titled "Disability Litigation Amendments," aims to address lawsuits concerning website accessibility under the Americans with Disabilities Act (ADA). It introduces new definitions for terms like "website access lawsuit," which refers to legal actions alleging a website's non-compliance with ADA accessibility standards, and "defending party," meaning a resident or business sued in such a case. The bill establishes a right for a "defending party" (the business or individual being sued) to sue the "filing party" (the person or entity bringing the lawsuit) if the lawsuit is deemed "abusive." A lawsuit is considered abusive if the primary goal of the filing party is to get money rather than to fix the accessibility issue, with several factors considered to determine this, such as the number of similar lawsuits filed, whether the filing party has a history of frivolous lawsuits, and the defendant's ability to fix the problem. The bill also creates a rebuttable presumption that a lawsuit is abusive if the defending party attempts to fix the accessibility violation within 30 days of notice or successfully cures it within 90 days. If a lawsuit is found to be abusive, the court can award attorney fees and costs to the defending party, impose punitive damages, and apply other sanctions. This new part of the law is set to be repealed on July 1, 2031, and the bill itself takes effect on May 6, 2026.