[blindlaw] H.R.620 - ADA Education and Reform Act of 2017

[Sai]

FYI, this is a recent bill that y'all may want to organize against.

In short, it prohibits suing under the ADA for architectural barriers
in public accommodations without first
a) giving detailed written notice to the owner,
b) waiting 2 months for them to acknowledge the issue, and
c) waiting another 6 months after that for them to make "substantial process"

— unless there's "actual notice" that they don't intend to comply.

It also requires the Judicial Conference to start a program to amend
FRCP 16 to move such cases into ADR without discovery.


Looks like it's passing the House Judiciary Committee and on track for
floor vote. Cosponsored by 12 Ds & 40 Rs. One withdrew cosponsorship
(Suozzi, D-NY). No Senate companion bill yet that I can find.

ACLU writeup (authors CC'd):
<https://www.aclu.org/blog/disability-rights/congress-wants-change-americans-disabilities-act-and-undermine-civil-rights>


Full text: <https://www.congress.gov/bill/115th-congress/house-bill/620/text>

Congressional summary:

"The bill prohibits civil actions based on the failure to remove an
architectural barrier to access into an existing public accommodation
unless: (1) the aggrieved person has provided to the owners or
operators a written notice specific enough to identify the barrier,
and (2) the owners or operators fail to provide the person with a
written description outlining improvements that will be made to
improve the barrier or they fail to remove the barrier or make
substantial progress after providing such a description. The aggrieved
person's notice must specify: (1) the address of the property, (2) the
specific ADA sections alleged to have been violated, (3) whether a
request for assistance in removing an architectural barrier was made,
and (4) whether the barrier was permanent or temporary."


Feel free to forward however you like.

Sincerely,
Sai