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

[Chang, Patti]

WE are already on it. Our last legislative alert focused on that bill. 


-----Original Message-----
From: BlindLaw [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of Sai via BlindLaw
Sent: Saturday, September 16, 2017 3:22 AM
To: Blind Law Mailing List; ProtectCivilJustice at googlegroups.com; Haben Girma
Cc: Sai; Vania Leveille; Tyler Ray
Subject: [blindlaw] H.R.620 - ADA Education and Reform Act of 2017

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

_______________________________________________
BlindLaw mailing list
BlindLaw at nfbnet.org
http://nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org
To unsubscribe, change your list options or get your account info for BlindLaw:
http://nfbnet.org/mailman/options/blindlaw_nfbnet.org/pchang%40nfb.org

Disclaimer

The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful.

This email has been scanned for viruses and malware, and may have been automatically archived by Mimecast Ltd, an innovator in Software as a Service (SaaS) for business. Providing a safer and more useful place for your human generated data. Specializing in; Security, archiving and compliance. To find out more visit the Mimecast website.