SB 67 reverses 44 years of legislative history save in 2008
and 2012.
The various
legislative pronouncements of our state's policy leave no doubt that the
purpose of section 54 et seq. and section 19955 et seq. is to reduce or
eliminate the physical impediments to participation in community life by the
disability community. (In re Marriage of Carney (1979) 24 *178 Cal.3d 725, 738 [157 Cal.Rptr. 383, 598 P.2d
36, 3 A.L.R.4th 1028].) The legislative concern with the enforcement
difficulties of the handicap access legislation has been stated with clarity.
In declaring an amendment to section 54.3 to be an urgency statute, the
Legislature explained: "This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution *179
and shall go into immediate effect.
The facts
constituting such necessity are: Many physically disabled persons are presently
being deprived of their civil rights because the enforcement provisions of
Sections 54, 54.1, and 54.2 of the Civil Code are not adequate to insure such
rights. This act will provide adequate enforcement and insure that the civil
rights of physically disabled persons are being enforced and thus it is necessary
that this act take effect at the earliest possible date." (Stats. 1977,
ch. 881, § 4, p. 2651, italics added.)
The
Legislature's awareness of the continuous problems of enforcement is also
reflected in the expansive nature of this body of legislation. (See Achtenberg,
"Crips" Unite to Enforce Symbolic Laws: Legal Aid for the Disabled:
An Overview (1975) 4 U. San Fernando Val.L.Rev. 161, 175, 208.) Over the five
decades since the enactment of sections 54, 54.1 and 54.3, the Legislature has
repeatedly expanded the methods of enforcement. (See People ex rel. Deukmejian
v. CHE, Inc., supra, 150 Cal.App.3d at p. 135, quoting In re Marriage of
Carney, supra, 24 Cal.3d at p. 740.) As originally enacted in 1968, section
54.3 set forth that a denial of equal access under sections 54, 54.1 and 54.2
constituted a misdemeanor. (Stats. 1968, ch. 461, § 1, p. 1093.)
In
1976, the statute was amended so that anyone depriving a physically handicapped
person of equal access was subject to liability for actual damages plus a
maximum of $500 in punitive damages for each offense. (Stats. 1976, ch. 971, §
2, p. 2270.)
In
1977, the limit on punitive damages was increased to $1,000. (Stats. 1977, ch.
881, § 1, pp. 2650‑ 2651.) The 1981 amendment removed the $1,000 cap on punitive
damages and set forth, as the statute now provides, that a violator is liable
for actual damages as well as an amount up to three times actual damages
"but in no case less than two hundred fifty dollars ($250) ...." This
last amendment also subjected a defendant to liability for the plaintiff's
attorney fees. (Stats. 1981, ch. 395, § 1, pp. 1582‑1583.) An additional remedy
was added by the enactment of section 55 in 1974. By this statute, a private
action for injunction was authorized for any individual aggrieved or
potentially aggrieved by a violation of section 54 or 54.1. (Stats. 1974, ch.
1443, § 1, p. 3150.)
In
1976 the Legislature endorsed an additional enforcement method by enacting
section 55.1 which authorizes injunction actions by the district attorney, city
attorney, Department of Rehabilitation or Attorney General. (Stats. 1976, ch.
869, § 1, p. 1979.)
After 1976 there were several
amendments to strengthen DPA including statutory damages to $4000.
SB 67 contradicts prior DPA history
and weakens its enforcement.
No comments:
Post a Comment