Rights – House Passes Bill Weakening Enforcement of the ADA

On February 16, the House of Representatives passed the ADA Education and Reform Act of 2017 (H.R. 620) by a vote of 225-192. This bill prevents lawsuits over architectural barriers violating the Americans with Disabilities Act (ADA) unless an individual provides “specific enough” notice and allows 120 days for a business to correct that barrier. The bill’s supporters believe that the ADA has led to “frivolous lawsuits” where plaintiffs and attorneys intentionally seek barriers in order to extract funds. However, the ADA does not allow courts to award monetary damages to plaintiffs. Where those damages are available, it is through state law. Furthermore, there are already laws on the books that allow punishment of attorneys who represent clients in frivolous lawsuits. This bill effectively eliminates incentives for businesses to comply with federal law until 120 days after a person with a disability asks them to do so. See this¬†fact sheet¬†from Disability Rights Education & Defense Fund for more information. Click here to read The Arc’s statement.

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