Over objections, House approves changes
WASHINGTON» The House on Thursday passed legislation that would amend the Americans With Disabilities Act over objections from disability rights advocates and Democratic leaders, who warned that the bill would remove incentives for businesses to comply with the law.
The ADA Education and Reform Act passed on a 225-192 vote, with 12 Democrats joining all but 19 Republicans to approve a bill that proponents say is aimed at curbing unscrupulous lawyers who seek profit by threatening businesses with litigation without actually seeking to improve access for the disabled.
But activists say the bill, if enacted, essentially would gut the ADA’s provisions dealing with public accommodations by removing any incentive that businesses have to comply with the law before a complaint is filed.
“We know of no other law that outlaws discrimination but permits entities to discriminate with impunity until victims experience that discrimination and educate the entities perpetrating it about their obligations not to discriminate,” said a September letter from the Consortium for Citizens with Disabilities signed by more than 200 disability rights groups. “Such a regime is absurd, and would make people with disabilities second-class citizens.”
On the other side are business groups, such as the International Council of Shopping Centers and the National Federation of Independent Business, which say the bill would stem “drive-by lawsuits” — so named because the lawyers who threaten them often do not physically inspect the premises.
But the bill’s critics say it would not necessarily stem the phenomenon because lawyers could still demand monetary settlements that do not include fixing the problems they identify. The abuses, the critics say, are better handled through state laws and local legal disciplinary authorities.
“No federal civil rights statute imposes such onerous requirements on discrimination victims before they can have the opportunity to enforce their rights in court,” said Rep. Jerrold Nadler, D-N.Y., speaking against the bill on the House floor Thursday.
Under the bill, those wishing to sue businesses in federal court over an ADA publicaccommodations violation must first deliver a written notice to that business detailing the illegal barrier to access and then give that business 60 days to come up with a plan to address the complaints and an additional 60 days to take action.