[DSM-Iowa] FW: Clarification on S4317

Fri Aug 7 02:13:32 UTC 2020

Good Evening Federation Family:

I'm sending this clarification on one of the pieces of legislation in the
alert sent out earlier this week. Michael, thank you for tracking down more
information that could be helpful as people take action on this issue! See
below.

Scott Van Gorp, President
National Federation of the Blind of Iowa
Phone: 515-720-5282
Email <mailto:svangorp at nfbi.org> 

 <http://www.nfbi.org/> Website 

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Live the life you want.

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we work together to help blind people live the lives they want.

From: DSM-Iowa <dsm-iowa-bounces at nfbnet.org> On Behalf Of Michael Barber via
DSM-Iowa
Sent: Wednesday, August 5, 2020 11:19 AM
To: 'Des Moines Chapter List, NFB of Iowa' <dsm-iowa at nfbnet.org>; 'NFB of
Iowa Internet Mailing List' <tall-corn at nfbnet.org>
Cc: m.barber817 at gmail.com
Subject: [DSM-Iowa] Clarification on S4317
Sensitivity: Personal

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>  

 <https://nfb.org/> 

<http://www.facebook.com/nationalfederationoftheblind>
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The National Federation of the Blind is a community of members and friends
who believe in the hopes and dreams of the nation's blind. Every day we work
together to help blind people live the lives they want. 

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