[DSM-Iowa] Clarification on S4317

Wed Aug 5 17:27:12 UTC 2020

Unless I misunderstand, it appears that way, which is why we’re opposed to this language.

Michael

From: DSM-Iowa <dsm-iowa-bounces at nfbnet.org> On Behalf Of Kyla Billington via DSM-Iowa
Sent: Wednesday, August 5, 2020 12:06 PM
To: Des Moines Chapter List, NFB of Iowa <dsm-iowa at nfbnet.org>
Cc: Kyla Billington <kylabsing at gmail.com>
Subject: Re: [DSM-Iowa] Clarification on S4317

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 <mailto: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 <mailto:kwalls at nfb.org>  

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