May 19, 2016•Alerts
Take Action Now to Protect the Americans with Disabilities Act!
This morning, the United States House of Representatives House Judiciary Subcommittee on the Constitution and Civil Justice will examine legislation that would weaken enforcement of the public accommodations provisions of the Americans with Disabilities Act.
The hearing begins at 9:00 am. To view the hearing, follow this link:
HR 3765 the ADA Education and Reform Act prohibits a person and subjects them to a criminal fine for sending a demand letter or other pre-suit notifications alleging an ADA public access violation if the notice does not specify certain things:
- the address of the business
- specific ADA section violated
- whether a request was made to remove the barrier
- whether the business made a temporary or permanent modification
HR 4719, the COMPLI Act, prohibits a person from commencing a civil action for public accommodation discrimination under the ADA until the person gives the business owner written notice and 90 days to remove the barrier. The owner can have an additional 30 days if they are making a good faith effort to remove the barrier.
HR 241, the ACCESS Act, requires notice to the business owner and allows the business to respond with an outline of the steps he/she will undertake to remove the barrier.
If one or more of the ADA Notification bills were to pass, there would be no reason for a business to comply with the public access requirements of the ADA until a notice was received, effectively undermining the intent of the ADA.
Pennsylvania Congressman Tom Marino (R-PA) is a member of the U.S. House Judiciary Committee.
Disability Rights Pennsylvania has contacted Congressman Marino and urged him to oppose these ADA Notification bills.