AMERICANS WITH DISABILITIES ACT LAWSUITS:
Voting 225 for and 192 against, the House on Feb. 15 passed a bill (HR 620) that would delay by at least four months the filing of civil actions that allege public facilities are in violation of the Americans With Disabilities Act (ADA). At present, when parties seek to redress violations such as architectural barriers blocking wheelchair access, they can immediately register a complaint with the Department of Justice or file a civil suit in federal court. The bill adds a preliminary “notice and cure” step in which those with complaints must provide written notice to the property owner who then has 120 days to show “substantial progress” toward fixing the deficiency. Backers said the bill would deter drive-by lawsuits by plaintiffs and attorneys seeking only to collect money. Critics said it would unfairly subject disabled persons to lengthy delays in exercising their civil rights and would remove any incentive for businesses to comply with accessibility requirements unless a complaint was filed.
Doug Collins, R-Ga., said the bill “does not take away an individual’s right to sue for access. (It) does not overturn the ADA. It does give business owners a chance to fix ADA problems quickly.”
James Langevin, D-R.I., called the bill “a blunt tool that wrongfully impedes the right of people with disabilities,” one that would ”remove civil rights instead of protecting them.”
A yes vote was to send the bill to the Senate.
ARKANSAS
Voting yes: Bruce Westerman, R-4
TEXAS
Voting yes: Louie Gohmert, R-1, John Ratcliffe, R-4