SB 1486 (Dahle R) Accessibility: internet websites.

Current Text: Amended: 3/20/2024 

Last Amend: 3/20/2024

Status: 4/8/2024-April 23 hearing postponed by committee.

Location: 4/3/2024-S. JUD.

Summary: Current 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. Current 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 make statutory damages for internet website inaccessibility contingent on the plaintiff proving that they had one of 2 sets of experiences. Specifically, the plaintiff may prove that they personally encountered a specific barrier that caused a difference in the plaintiff’s access to or use of the internet website as compared to other users, as specified. Alternatively, the plaintiff may prove that they were deterred from accessing all or part of the internet website, as specified, 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.