Goodlatte, Franks, Poe Praise Committee Passage of Bill to Encourage Greater Access Under the Americans with Disabilities Act

Washington, D.C. – The House Judiciary Committee today approved the ADA Education and Reform Act of 2015 (H.R. 3765) by a bipartisan vote of 15-6. This bill, authored by House Judiciary Committee member Ted Poe (R-Texas), 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 provide guidance to correct potential violations of the Americans with Disabilities Act (ADA) that occur at a government office or business. Additionally, the bill requires that notice of non-compliance be given to a business and that the business have an opportunity to address the defect before a lawsuit can be filed.  This provision will curb the number of frivolous lawsuits currently being filed against businesses that may unknowingly be in violation of an ADA requirement and result in more accommodations for disabled individuals. House Judiciary Committee Chairman Bob Goodlatte (R-Va.), Constitution and Civil Justice Subcommittee Chairman Trent Franks (R-Ariz.), and Representative Poe issued the following statements on today’s approval of the ADA Education and Reform Act. Chairman Goodlatte: “American business owners should feel confident that they can accommodate all their customers without having to worry about the possibility of a lawsuit because their business may unknowingly not be up to requirements under the ADA. The ADA is entering its twenty-fifth year of enactment, and many small business owners are still trying to comprehend the complexities of this law in order to make their businesses available to those with special needs. The government should be doing its part to educate businesses on the evolving requirements under the ADA and creating an environment where a frivolous lawsuit does not hang over the heads of a small business owner due to a misunderstanding about ADA compliance. These reforms will help the law work better for both Americans with disabilities and American business owners.” Subcommittee Chairman Franks: “H.R. 3765 would both improve public access for disabled individuals and eliminate thousands of predatory lawsuits that damage the reputation of the ADA and its overall purpose.  Lawsuits should be reserved for those instances in which offenders are truly unwilling to make appropriate changes.  This would allow legitimate claims to move through the legal system faster. “Moreover, requiring notification before filing an ADA lawsuit will benefit our economy.  Many small businesses have been forced to close because of accessibility lawsuits and others have unnecessarily spent thousands of dollars paying off lawyers when the money could have been used to increase access.  Small businesses are critical to America’s economic recovery and should not be burdened by unnecessary litigation.” Congressman Poe: “In 1990, the ADA was signed into law and represented a monumental step toward improved access and equality for all citizens in this country.  Now, after 25 years of progress and advancement, the integrity of this landmark legislation is being threatened by a handful of attorneys and plaintiffs. It is time to restore the original intent of the ADA and ensure its survival for another quarter century and beyond.” ###