It’s depressing to see how far California has lost its way when it comes to creating an environment with just a baseline tolerance of business.

A Golden State that actually supports businesses? Like citrus groves in Orange County, we are unlikely to ever see that again.

But when it comes to the actions of our legislators on bills such as Senate Bill 84, it’s hard not to think that a virulent anti-business spirit thrives in Sacramento. Or that special interests have won out again over hard-working retailers, franchise owners, hoteliers and more.

SB 84, written by Sen. Roger Niello (R-Fair Oaks), aimed to remedy the misuse of the Americans With Disability Act (ADA) for shakedown lawsuits. It would’ve prohibited construction-related accessibility claims under the ADA and the Unruh Civil Rights Act until a small business defendant has been served with a demand letter specifying each alleged violation. They would then have 120 days to correct them.

Imagine that. Instead of resorting to threats and lawsuits in hopes of getting a settlement, plaintiffs and their attorneys must honor a 120-day period for the business owner to cure the ADA violation — perhaps a bathroom mirror mounted too high or lack of an accessible entrance. Why not give small business owners one more chance to comply?

The bill had wide support from business organizations across the state, including the Fresno Business Council, San Joaquin Valley Manufacturing Alliance, Porterville Chamber of Commerce and Tulare Chamber of Commerce. It also had bipartisan support when it passed the Senate back in June. Democrat Senators Marie Alvarado-Gil, Anna Caballero and Melissa Hurtado joined Republican Sen. Shannon Grove with 30 others voting in favor. Only two “no” votes were cast. 

All it should’ve taken was for the Assembly Judiciary Committee to schedule a hearing for the bill before the July 18 deadline.

In a turn that the California National Federation of Independent Business (NFIB) called “infuriating,” that hearing wasn’t scheduled.

Tim Taylor, NFIB’s legislative director, did much of the heavy lifting getting SB 84 through the Senate. He didn’t like how it all went down.

“If it dies in the light of day, that’s fine. That’s part of the process,” Taylor said in an NFIB newsletter. “But for it to die in darkness, that’s a problem, and that’s what leaves a really bad taste in everyone’s mouth.”