Texarkana Gazette

AMERICANS WITH DISABILITI­ES ACT LAWSUITS:

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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

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