The Americans with Disabilities Act was intended to prohibit discrimination against people with physical or mental impairments and to improve access for the disabled to public accommodations. Too often, however, it has been used to shake down businesses for minor violations, such as a door sign affixed an inch too high or too low or a disabled parking logo that is a little too faded or painted in the wrong shade of blue.

California is a particular magnet for extortionary ADA litigation, thanks to state law which mandates a minimum $4,000 penalty for each violation – no matter how small – plus the plaintiff’s attorney fees. It is home to about 12 percent of the country’s disabled population, but accounts for 40 percent of ADA lawsuits. Its disability access lawsuits were one of the main reasons the American Tort Reform Foundation once again named California the nation’s No. 1 “Judicial Hellhole” last year.

Several legislative proposals would reform the system simply by requiring the aggrieved party to submit its complaints about alleged ADA violations to business owners in writing, and then allowing businesses a reasonable amount of time, usually 90 or 120 days, to fix any problems before litigation could be filed. Such federal bills include Rep. Ken Calvert’s, R-Corona, H.R. 241, the ACCESS Act of 2015, and Rep. Jerry McNerney’s, D-Stockton, H.R. 4719, the COMPLI Act.

At the state level, Senate Bill 1142 has been introduced by state Sen. John Moorlach, R-Costa Mesa, and Sen. Richard Roth, D-Riverside, has proposed SB269. Both bills have been named among the California Chamber of Commerce’s 12 “job creator” bills this year.

Nitpicky standards about whether a sink or a mirror is a fraction of an inch off or an “outdated” sign is the wrong shape or color go well beyond the original intentions of the ADA. They cost business owners tens of thousands of dollars for minor repairs, killing jobs and entire businesses in the process.

Legislators should explore eliminating some of the most restrictive regulations, particularly those that do not actually affect accessibility. In the meantime, it is only fair that businesses are afforded the opportunity to correct violations, which will dissuade frivolous lawsuits while encouraging corrections for legitimate claims.