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The ACCESS Act: Ensuring the Original Promise of the ADA

Why the ADA Needs to Work / Working Together on the ACCESS Act / GET INVOLVED /
Moving Forward
/ Further Resources

GET INVOLVED
Want to make sure Congress hears your message? 
Stream the congressional hearing live online on June 27.   
Have something to add to the discussion? 
Comment on Facebook, YouTube, and Twitter.


Why the ADA Needs to Work
The goal of providing all Americans with access to public accommodations is one on which we can all agree.  There are times when litigation by harmed individuals is necessary to reach the important objectives of the Americans with Disabilities Act (ADA).  The purpose of this important civil rights legislation should be to ensure that those who have suffered harm are afforded with appropriate accessibility.

Unfortunately there are an increasing number of lawsuits brought under the ADA which do not serve its remedial purpose.  All too often small businesses are targeted by these lawsuits.  Business owners may not even have received notice of the specific violations with which they have been charged.  This makes little sense at a time when we should be doing everything possible to remove the uncertainties which will increase entrepreneurship and job growth.  And worse yet, the path of providing a remedy to the aggrieved person is never made clear to the business proprietor.  After all, isn’t a primary purpose of the ADA to ensure that in the end the aggrieved person receives the necessary alterations to secure access to the facility?

The story of Squeeze Inn - a local gem featured on the Food Network's Diners, Drive-Ins and Dives - began when owner Travis Hausauer faced a suit by a lawyer who had filed over 400 of them in the state.  After paying $200,000 in legal fees, Travis could not afford to pay the lawyers and fix his building, so he shut down the original location and moved the Squeeze Inn.  As Travis has pointed out, his ultimately proved to be a success story, but many other businesses and residents do not fare as well in this process.

 

 

Working Together on the ACCESS Act
Travis and others talked with Rep. Lungren about drafting legislation to ensure the original promise of the ADA.
The result of this dialogue was the ACCESS Act.  This legislation would serve the underlying purpose of the ADA by creating a legal structure which enhances the prospects for real remedial action.  Any person aggrieved by a violation of the ADA would provide the owner or operator with a written notice of the violation, specific enough to allow such owner or operator to identify the barrier to their access.  Within 60 days the owner or operator would be required to provide the aggrieved person with a description outlining improvements that would be made to address the barrier.  The owner or operator would then have 120 days to remove the infraction.  The failure to meet any of these conditions would allow the suit to go forward.

It’s a win-win-win: the business makes the necessary improvements without having to close or lay off staff; the disabled clientele gets a chance to patronize the facility; those who bring suits to achieve payouts ahead of solutions are put out of business.

GET INVOLVED
Want to make sure Congress hears your message? 
Stream the congressional hearing live online on June 27.   
Have something to add to the discussion? 
Comment on Facebook, YouTube, and Twitter.

 

Moving Forward
The House Judiciary Committee scheduled a hearing for the ACCESS Act on June 27 at 1:30pm EDT.  At this hearing, Members of Congress will hear from disabled Americans, business owners, and legal experts about how to ensure the ADA's original promise.  Rep. Lungren, bringing this important discussion to policymakers in Washington, will welcome the voices of local stakeholders in the halls of Congress.

Further Resources