Does this bill help or hurt efforts to make businesses more accessible to the disabled?
Bill Summary
This bill requires the Disability Rights Section of the Department of Justice to develop a program to educate state and local governments and property owners on strategies for promoting access to public accommodations for persons with a disability. The program may include training for professionals to remediate potential violations of the Americans with Disabilities Act of 1990 (ADA). The bill also prohibits civil actions on the failure to remove an architectural barrier to access an existing public accommodation unless measures are taken to ensure undue persecution of minor infractions. Sponsor: Rep. Poe, Ted [R-TX-2]
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Opponents say
• This bill will eliminate the right to equal access guaranteed by the ADA by requiring that public accomodation only show “substantial progress” towards fixing access barriers, a standard that has no legal definition, making it hard for businesses to be sued for non compliance with the ADA. Removing the threat of litigation will undermine the ADA.
• The argument that “drive-by lawsuits” are taking place to make quick cash has no researched data behind it and rests entirely on anecdotes and sensationalized media stories. The ADA does not permit litigants to seek monetary damages under Title III lawsuits, so this bill is founded on false premises.
• The argument that “drive-by lawsuits” are taking place to make quick cash has no researched data behind it and rests entirely on anecdotes and sensationalized media stories. The ADA does not permit litigants to seek monetary damages under Title III lawsuits, so this bill is founded on false premises.
Proponents say
• This bill ensures the ADA -- a vital law for making American businesses more accessible to the disabled -- is put into effect by facilitating training for businesses to learn how to be compliant with the law.
• An industry has formed around filing lawsuits against small business owners who have made easily correctable ADA infractions to make quick cash. This bill combats that industry by allowing business owners time to fix what is allegedly broken, while giving plaintiffs the right to pursue legal action if the infraction is not corrected.
• An industry has formed around filing lawsuits against small business owners who have made easily correctable ADA infractions to make quick cash. This bill combats that industry by allowing business owners time to fix what is allegedly broken, while giving plaintiffs the right to pursue legal action if the infraction is not corrected.
- Poe Leads Bipartisan Legislation to Curb Abusive ADA Lawsuits and Improve the ADA
- The National Federation of the Blind opposes H.R. 620
- ACLU: Myths and Truths About the “Ada Education and Reform Act” H.R.620
- National Association of Realtors: Letters of Support
- The Quiet Attack on the ADA Making Its Way Through Congress
