U.S. Rep. Ken Calvert (R-CA) introduced legislation designed to help small businesses comply with the Americans with Disabilities Act (ADA) while seeking to cut down on lawsuits.
His bill, the ACCESS Act (H.R. 241), would require individuals aggrieved by an ADA violation to provide the owner or operator with a written notice of the violation, identifying 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.
“Small business owners face tremendous challenges day to day and should be protected from serial litigants trying to exploit laws, like the ADA, for personal gain,” Calvert said. “We can protect the disabled and small businesses alike by passing the ACCESS Act and giving owners a small window of time to address any ADA issues. Let’s protect disabled Americans without exposing our businesses on Main Street to shakedown lawsuits.”
While there are cases when litigation by harmed individuals is necessary, Calvert said an increasing number of lawsuits brought under the ADA are based on a desire to achieve financial settlements rather than to achieve the appropriate modifications. Lawsuits are particularly prevalent in California, Calvert said.