[DSM-Iowa] Clarification on S4317

Kyla Billington kylabsing at gmail.com
Wed Aug 5 17:05:37 UTC 2020


Hello, So does this mean that if we need accomidations, people can legally
deny them

On Wed, Aug 5, 2020, 11:20 AM Michael Barber via DSM-Iowa <
dsm-iowa at nfbnet.org> wrote:

> On Monday we received a legislative alert from John Pare.  I wrote my
> letters to Grassley and Ernst as requested, but I felt I needed
> clarification on the language talked about in S4317.  Here’s the response I
> received from Kyle Walls from our national office.
>
>
>
> As the bill is written, the language of the ADA itself would not change,
> but employers and owners/operators of places of public accommodation would
> be protected from penalties if accessibility barriers were put in place as
> an effort to combat the spread of the coronavirus. This liability
> protection would last for a period of approximately five years, beginning
> December 1, 2019 and ending on October 1, 2024.
>
>
>
> The SAFE TO WORK Act Section 181(a)(1) includes "Title I of the Americans
> with Disabilities Act of 1990 (42 U.S.C. 12111 et seq.)" as part of the
> definition of "covered Federal employment law." Section 181 (a)(2) states
> that "in any action, proceeding, or investigation resulting from or related
> to an actual, alleged, feared, or potential for exposure to coronavirus, or
> a change in working conditions caused by a law, rule, declaration, or order
> related to coronavirus, an employer shall not be subject to any enforcement
> proceeding or liability under any provision of a covered Federal employment
> law."
>
> Section 181(b) would extend that same limitation of liability to places of
> public accommodation. 181(b)(1)(B) includes "title III of the Americans
> with Disabilities Act of 1990 (42 U.S.C. 12181 et seq.)" in its definition
> of "covered public accommodation law." Section 181(b)(2)(A) states, "during
> any public health emergency period, no person who owns, leases (or leases
> to), or operates a place of public accommodation shall be liable under, or
> found in violation of, any covered public accommodation law for any action
> or measure taken regarding coronavirus and that place of public
> accommodation."
>
> We hope this clarifies exactly what language would affect blind Americans,
> and what we are asking Congress to remove from the bill.
>
>
>
> Regards,
>
> Kyle
>
>
>
> Kyle Walls
>
> Research and Regulatory Specialist
>
> 200 East Wells Street, Baltimore, MD 21230
>
> 410-659-9314, extension 2223 | kwalls at nfb.org
>
>
>
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>
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>
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>
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