See Many More Resources on H.R. 620

H.R. 620 (or any bill that adds “Notice and Cure”*) would significantly weaken the Americans with Disabilities Act (ADA), an important civil rights law. The ADA ensures the rights of people with disabilities to access public accommodations—that is, businesses such as restaurants, hotels, stores, medical facilities, etc. It would turn people with disabilities into second-class citizens and undermine the very principles of the inclusive society that America is all about.

*“Notice and cure” requires the disabled person to notify a business before filing a lawsuit. Often, it includes a waiting period for business to fix the problem. See more below.

Such bills are exceptionally harmful because:

They Remove Incentives. Today, businesses have an obligation to become accessible, and there’s a consequence if they don’t: they could be sued. H.R. 620, and any bill that adds “Notice and Cure,” * removes all incentive for businesses to provide access on their own. Instead, most will likely take a “wait and see” attitude, doing nothing until they receive notice. The ADA’s benefits will be grossly reduced, and America will again be a place where obstacles abound for people with disabilities. Nearly 28 years since the ADA was enacted, businesses should be expected to comply with their legal obligations. Discrimination is Real. The bill’s backers are forgetting the daily experience of millions of people with disabilities who cannot shop, transact personal business, visit the doctor, or enjoy recreation like most people take for granted, because so many public accommodations across the country have ignored the reasonable requirements of the ADA. The ADA is the difference between participation and exclusion on a daily basis. Why should a wheelchair user be unable to join her family at a restaurant, just because the owner has resisted installing a ramp for 28 years? They Place the Heaviest Burden on Individuals with Disabilities—the People Who the ADA Is Designed to Protect. H.R. 620 requires a person with a disability who encounters an access barrier to send a written notice specifying in detail the circumstances under which access was denied, including the property address, whether a request for assistance was made, and whether the barrier is permanent or temporary. No other civil rights law permits businesses to discriminate without consequence unless and until the victims of discrimination notify the business that it has violated the law. The ADA should not place the heaviest burden for ending discrimination on the very people the law is there to protect! Also, H.R. 620 gives the business owner 60 days to even acknowledge that there is a problem, and another 60 days to make “substantial progress” in resolving it unless a business claims circumstances beyond its control. This means a business could spend years without actually removing barriers to come into compliance with longstanding access standards, and face no penalty, as long as “substantial progress” can be claimed. Even our largest and most ubiquitous corporations—from Wal-Mart to Starbucks—would be entitled to these exemptions. Such Bills Would Not Fix Business Concerns About Money Damage Awards. Supporters of this bill have raised concerns about money damage awards. But that has nothing to do with the ADA, because the ADA does not allow money damages. Such damages are only available under a handful of state laws. For Congress to amend the ADA will do nothing to prevent damage awards under state laws. Courts Have the Power Today to Address The Few Unscrupulous Attorneys. Supporters of H.R. 620 cite concerns about frivolous lawsuits or serial litigants. But the vast majority of ADA attorneys and plaintiffs are seeking solutions to fix real denials of access. For the rare few who may file fraudulent claims or engage in unscrupulous practices, state courts and state bar associations already have extensive power to deal with any frivolous litigants or their attorneys. We should use those existing legal mechanisms rather than deny the civil rights established by the ADA. ADA Carefully Crafted to Take Business Needs Into Account. The ADA is already very carefully crafted to take the needs of business owners into account. Compliance is simply not burdensome. But H.R. 620 changes the careful compromise originally designed by a bipartisan Congress in 1990, and wreaks havoc with the entire ADA scheme. Remember that existing businesses are only required to provide access when doing so is readily achievable. Any further weakening would do major damage to the ADA’s disability rights protections. Establishing and running a business necessitates compliance with many laws and rules—that is the cost of doing business. It is unthinkable that we would delay or eliminate consequences for small businesses that failed to pay taxes or meet health and safety codes. Violating the rights of people with disabilities should be treated no differently. Already Extensive Federal Efforts to Assist Business Compliance. Many businesses are unaware of the already extensive federal efforts to educate business owners about their ADA obligations, including the in-depth DOJ ADA website (ada.gov), the DOJ ADA hotline, extensive DOJ technical assistance materials, and the ten federally-funded regional ADA Centers that provide in-depth resources and training in every state (adata.org). Yet a great many of the millions of public accommodations in the U.S. have made no effort to comply with the ADA. Importance of the ADA Standards. The ADA accessibility standards are extremely important. They are not minor details or picky rules, but rather, are essential to ensure true accessibility. A doorway that is too narrow can be the difference between accessing a business or not. A too-short bathroom grab bar can be the difference between using a restroom or being forced to go without a restroom.

Please do not place additional barriers in the path of people with disabilities! We urge you to reject H.R. 620 and similar bills.

Money damages are not allowed for private plaintiffs under Title III of the ADA, which applies to privately operated public accommodations, commercial facilities, and private entities offering certain examinations and courses. See 42 U.S.C. § 12188; 42 U.S.C §§ 12182 and 12181(7); 42 U.S.C. §§ 12183 and 12181(2); and 42 U.S.C. § 12189.