AB 1757: Accessibility: internet websites.

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 attorneys 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 attorneys fees to a person who was denied those rights.

This bill would provide that statutory damages based upon the inaccessibility of on the basis of a specific accessibility barrier on 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 entitys goods and services to all members of the public. is not accessible, as defined. The bill would require, in order for a plaintiff to be entitled to statutory damages for internet website inaccessibility, on the basis of a specific accessibility barrier that constitutes a violation of the Unruh Act by violating the ADA, the plaintiff to prove either that the plaintiff personally encountered a specific barrier that caused the plaintiff to experience a difference in the plaintiffs access to, or use of, the internet website as compared to other users, as specified, users because the internet website was not accessible or that the plaintiff was deterred from accessing or using all or part of the internet website or the content of the internet website because of the internet websites failure to provide equally effective communication or to facilitate full and equal enjoyment of the entitys goods and services offered to the public. The bill would provide that an entitys internet website is presumed to provide equally effective communication and to facilitate full and equal enjoyment of the entitys 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. the internet website was not accessible. The bill would prohibit, in a civil action seeking statutory damages under the Unruh Act and the other provisions described above therewith on the basis of a specific accessibility barrier, as defined, on an entitys internet website that is a violation of the ADA, the entity from being liable for those damages if the entity establishes, as an affirmative defense to the claim, certain elements, including that the entity identified the specific accessibility barrier in a digital accessibility report posted on the accessibility page, as specified, of its internet website.

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 entitys goods and services to all members of the public, including any member of the public who is a person with a disability. is not accessible or any resource or part of an internet website that, when used by the entity in accordance with any instructions provided by the resource provider, causes an entitys internet website to be inaccessible. 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. internet website is accessible or conforms to the internet website accessibility standard, as defined. The bill would authorize a civil action by a person by, among others, an individual 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 entitys goods and services to all members of the public, including any member of the public who is a person with a disability, that is accessible who is injured as a result of the defendants violation of the bill and reasonably relied upon the resource provider to ensure that the internet website, or a part of the internet website, is accessible, 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 attorneys fees and costs. The bill would provide provide, subject to an exception, that a provision within a contract between a person an individual 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.