[Nd-talk] FW: ADA Education and Reform Act (H.R. 620

Thu Mar 29 17:58:46 UTC 2018

Greetings All 

For those of you following HR 620- The ADA Education and Reform Act. This is
really good news for the disability community and the United States of
America!!!

Sherry E. Shirek

Accessibility Consulting Services & Training

Voice/text 701-781-3055

Begin forwarded message:

From: "Press (Duckworth)" <Press at duckworth.senate.gov
<mailto:Press at duckworth.senate.gov> >
Date: Thursday, March 29, 2018 at 10:17 AM
To: "Press (Duckworth)" <Press at duckworth.senate.gov
<mailto:Press at duckworth.senate.gov> >
Subject: Duckworth & Senate Democrats Vow to Defeat House GOP-Led Effort to
Curtail Civil Rights of Americans with Disabilities

FOR IMMEDIATE RELEASE

March 29, 2018
Contact: Sean Savett,  <mailto:sean_savett at duckworth.senate.gov>
sean_savett at duckworth.senate.gov 

Duckworth & Senate Democrats Vow to Defeat House GOP-Led Effort to Curtail
Civil Rights of Americans with Disabilities

Illinois Senator leading coalition of 43 Senators to oppose any Senate
effort to pass discriminatory House-passed bill that would gut enforcement
of the bipartisan Americans with Disabilities Act (ADA)

[WASHINGTON, D.C.] – U.S. Senator Tammy Duckworth (D-IL) and 42 of her
colleagues wrote to Senate Majority Leader Mitch McConnell (R-KY) today
pledging to block a House Republican-led effort to curtail the civil rights
of Americans living with disabilities. Together, the group of 43 Senators is
large enough to defeat the discriminatory ADA Education and Reform Act (H.R.
620), which civil rights icon Congressman John Lewis (D-GA) described as, “
<https://mandrillapp.com/track/click/30489975/www.youtube.com?p=eyJzIjoiRGpN
NTRDWEJDbGc3QmF2anVsSnV6NU9iTFJvIiwidiI6MSwicCI6IntcInVcIjozMDQ4OTk3NSxcInZc
IjoxLFwidXJsXCI6XCJodHRwczpcXFwvXFxcL3d3dy55b3V0dWJlLmNvbVxcXC93YXRjaD92PTQx
VHBfUTBVeEJRXCIsXCJpZFwiOlwiYTZkYTk5NjU2ZGIxNDQwN2JjNjQ0OWZjNjgxNzExNmVcIixc
InVybF9pZHNcIjpbXCI3NzRmNzQxMmQxYTM2OWQxYzA0YWIwYmI5NjQ2MTRjZDU1ZTdlMjk0XCJd
fSJ9> a bill that turns the clock backwards and strikes a devastating blow
in the fight for civil rights.” The legislation would isolate Americans
living with disabilities as the only federally-protected class of citizens
forced to rely on “education,” rather than strong enforcement, to exercise
their basic civil rights.

“We are writing to express our strong opposition to the ADA Education and
Reform Act and any legislation that would repeal or weaken rights under
title III of the Americans with Disabilities Act, which prohibits
discrimination on the basis of a disability in certain places of public
accommodation,” wrote the Senators. “This bill undermines the rights of
people with disabilities, rather than protects them. We urge you to join us
in supporting the rights of Americans with disabilities by making clear that
H.R. 620, or similar legislation, will never receive a vote in the United
States Senate during the 115th Congress.”

H.R. 620 would gut the Americans with Disabilities Act (ADA) by eliminating
incentives for businesses of any size, including the largest corporate
hotel, restaurant and movie theater chains, to make their facilities
accessible to people with disabilities. Instead, businesses would be
encouraged to avoid complying with the nearly 30-year-old law until people
with disabilities notify them that they are unable to enter their facility.
Businesses would be allowed to discriminate for at least 120 days following
notification, and they would only need to make “substantial progress”
towards accessibility to make their facility ADA-compliant. That would set a
dangerous precedent by forcing Americans living with disabilities to
personally experience the humiliation of discrimination – and then be
required to educate those who violate their civil rights – before having
violations of their civil rights remedied.

Notably, special interests lobbying for H.R. 620 have misleadingly implied
that the ADA allows people to sue for monetary damages even though the ADA
does not, and has never, authorized damage awards. That’s because Congress
modeled the right of private action under title III of the ADA after title
II of the seminal Civil Rights Act of 1964, which authorizes private
lawsuits to enforce the prohibition against discrimination on the basis of
race, religion, and national origin in certain places of public
accommodation. To help businesses achieve compliance, Congress also crafted
the ADA to only require removal of barriers when it is not too difficult or
expensive, and Congress established a small business tax credit and a tax
deduction for businesses to lower the costs of making their facilities
accessible.

“When supporters of the discriminatory H.R. 620 argue for its necessity by
citing examples of alleged ‘minor’ accessibility infractions, they miss the
point that this bill undermines the rights of people with disabilities,
rather than protects them,” the Senators noted. “There is nothing minor
about a combat Veteran with a disability having to suffer the indignity of
being unable to independently access a restaurant in the country they were
willing to defend abroad. There is nothing minor about a child with cerebral
palsy being forced to suffer the humiliation of being unable to access a
movie theater alongside her friends.”

Duckworth has been a vocal critic of H.R. 620, which only narrowly passed
the House of Representatives last month. She went to the House floor last
month ahead of the vote on the bill to urge her House colleagues to vote
against the bill. She also penned an op-ed in
<https://www.washingtonpost.com/opinions/congress-is-on-the-offensive-agains
t-americans-with-disabilities/2017/10/17/f508069c-b359-11e7-9e58-e6288544af9
8_story.html?utm_term=.dc47923b869ahttps://www.washingtonpost.com/opinions/c
ongress-is-on-the-offensive-against-americans-with-disabilities/2017/10/17/f
508069c-b359-11e7-9e58-e6288544af98_story.html?utm_term=.dc47923b869a> The
Washington Post about how this legislation would make Americans with
disabilities second-class citizens again and send a signal that their civil
rights are not worthy of strong enforcement. Civil Rights organizations like
<https://mandrillapp.com/track/click/30489975/civilrights.org?p=eyJzIjoiVFVJ
VVVMY2FEVWZrSWNNVWFBaW93aUJYVFhRIiwidiI6MSwicCI6IntcInVcIjozMDQ4OTk3NSxcInZc
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IjpcImE2ZGE5OTY1NmRiMTQ0MDdiYzY0NDlmYzY4MTcxMTZlXCIsXCJ1cmxfaWRzXCI6W1wiOGI5
NmI1M2QwOWNlNDlkYzU4ZWUzY2YzZGE2ODJjZjQ2YzRhYWE1M1wiXX0ifQ> The Leadership
Conference on Civil and Human Rights and Veterans Service Organizations like
the
<https://mandrillapp.com/track/click/30489975/www.pva.org?p=eyJzIjoiUE16bjNF
azZ1Z01pUkloN1Vpbk9mRzNlaVFVIiwidiI6MSwicCI6IntcInVcIjozMDQ4OTk3NSxcInZcIjox
LFwidXJsXCI6XCJodHRwczpcXFwvXFxcL3d3dy5wdmEub3JnXFxcL2Fib3V0LXVzXFxcL3JlY2Vu
dC1uZXdzXFxcL3BhcmFseXplZC12ZXRlcmFucy1vZi1hbWVyaWNhLWRlZXBseVwiLFwiaWRcIjpc
ImE2ZGE5OTY1NmRiMTQ0MDdiYzY0NDlmYzY4MTcxMTZlXCIsXCJ1cmxfaWRzXCI6W1wiZmMzYWUx
M2I2N2NmZWI5MDUxYWY1ODc3OTFlYzI5NDBiMzhiZTAwZVwiXX0ifQ> Paralyzed Veterans
of America have also urged Senators to strongly oppose the legislation while
the U.S. Department of Justice warned that H.R. 620 “would also
unnecessarily limit individuals’ abilities to obtain much-needed barrier
removal in a timely manner (and) may instead result in additional areas of
litigation.” 

The letter was also signed by U.S. Senators Chuck Schumer (D-NY), Bob Casey
(D-PA), Patty Murray (D-WA), Maggie Hassan (D-NH), Elizabeth Warren (D-MA),
Chris Van Hollen (D-MD), Tammy Baldwin (D-WI), Michael Bennet (D-CO),
Richard Blumenthal (D-CT), Cory Booker (D-NJ), Sherrod Brown (D-OH), Maria
Cantwell (D-WA), Ben Cardin (D-MD), Tom Carper (D-DE), Chris Coons (D-DE),
Catherine Cortez Masto (D-NV), Dick Durbin (D-IL), Dianne Feinstein (D-CA),
Kirsten Gillibrand (D-NY), Kamala Harris (D-CA), Martin Heinrich (D-NM),
Mazie Hirono (D-HI), Tim Kaine (D-VA), Amy Klobuchar (D-MN), Patrick Leahy
(D-VT), Edward Markey (D-MA), Claire McCaskill (D-MO), Jeff Merkley (D-OR),
Bob Menendez (D-NJ), Chris Murphy (D-CT), Gary Peters (D-MI), Jack Reed
(D-RI), Bernie Sanders (I-VT), Brian Schatz (D-HI), Jeanne Shaheen (D-NH),
Tina Smith (D-MN), Debbie Stabenow (D-MI), Jon Tester (D-MT), Tom Udall
(D-NM), Mark Warner (D-VA), Sheldon Whitehouse (D-RI), and Ron Wyden (D-OR).

A full copy of the letter is available online here and below:

The Honorable Mitch McConnell

Majority Leader

United States Senate

S-230, The Capitol

Washington, DC 20510

Dear Majority Leader McConnell: 

We are writing to express our strong opposition to H.R. 620 the ADA
Education and Reform Act and any legislation that would repeal or weaken
rights under title III of the Americans with Disabilities Act (ADA), which
prohibits discrimination on the basis of a disability in certain places of
public accommodation.[1] As a civil rights law, title III of the ADA was
modeled after title II of the Civil Rights Act of 1964, which prohibits
discrimination on the basis of race, religion and national origin in certain
places of public accommodation.[2] 

Title III of the ADA does not permit monetary relief in the form of damages
or settlements. Similar to title II of the Civil Rights Act of 1964, the ADA
only permits non-monetary injunctive relief and recoupment of reasonable
attorney’s fees for individuals who prevail in a suit to enforce their
rights under title III and secure removal of architectural barriers in
public accommodations where readily achievable. 

Congress carefully crafted title III of the ADA to make sure private
enforcement actions prioritize achieving readily accessible barrier removal
and are an affordable avenue for Americans with disabilities to seek relief.
The expectation was that businesses would make themselves accessible before
people with disabilities showed up at their place of business, rather than
waiting until receiving a notice that people with disabilities have been
excluded before starting to think about complying with the law. 

The ADA is a groundbreaking civil rights law that recognizes the reality
that removing an architectural barrier, when readily achievable, is a
proven, efficient solution to improving accessibility in public places and
providing equal treatment of people with disabilities across the United
States. In recognizing the importance of accessibility, Congress also
established tax incentives for businesses to lower the cost of making a
place of public accommodation more accessible pursuant to ADA guidelines and
requirements for architectural barrier removal.[3] 

Proponents of H.R. 620 assert that eliminating the right of Americans to
seek immediate injunctive relief under title III of the ADA is necessary to
address private lawsuits that threaten businesses with punitive damages and
demand monetary settlements. However, these private actions seeking damages
are filed pursuant to specific State laws that unlike title III of the ADA,
authorize monetary damages. H.R. 620 would make no change to those state
laws and therefore fails to address lawsuits seeking damages. 

However, it would destroy any incentive under the ADA for timely removal of
architectural barriers in public accommodations. Because title III of the
ADA does not provide for damages, a business would have no reason to comply
with the law unless and until it received written notice from a person with
a disability who had been harmed, informing the business that it had
violated the law, and the business would then have four months to remove the
barrier or make “substantial progress” in doing so. There would be no
consequence for breaking the law until the notice was received and the
waiting period expired. 

When supporters of the discriminatory H.R. 620 argue for its necessity by
citing examples of alleged “minor” accessibility infractions, they miss the
point that this bill undermines the rights of people with disabilities,
rather than protects them. There is nothing minor about a combat Veteran
with a disability having to suffer the indignity of being unable to
independently access a restaurant in the country they were willing to defend
abroad. There is nothing minor about a child with cerebral palsy being
forced to suffer the humiliation of being unable to access a movie theater
alongside her friends. 

Simply put, we reject in the strongest terms the offensive suggestion by
supporters of H.R. 620 that a civil rights violation denying access to a
public space could ever be “minor.” A ramp a few degrees too steep or a
shower head a couple inches too high from the legally prescribed standards
are the difference between accessibility and discrimination. To efficiently
address the aforementioned examples, we would urge operators of public
facilities to simply fix the problem by lowering the ramp a few degrees or
lowering the shower head a couple inches. This will not only make sure
entities comply with the law, but more importantly, providing accessibility
will protect the health, safety and dignity of Americans with disabilities,
as promised under a civil rights law passed nearly 28 years ago. 

We share many of the concerns on the potential impact of H.R. 620 expressed
by the U.S. Department of Justice (DOJ) Civil Rights Division, which
administers and enforces the ADA. We believe DOJ is right to be troubled by
the premise that H.R. 620 would, “
[s]ubstantially change the balance
Congress struck for private enforcement actions pursuant to title III of the
ADA.” We also share DOJ’s concern that: 

“The proposed notice and cure process would also unnecessarily limit
individuals’ abilities to obtain much-needed barrier removal in a timely
manner by imposing additional requirements that may not result in the
collaborative process that the proposed bill intends, but may instead result
in additional areas of litigation.”[4] 

Congress should promote ADA compliance nationwide by improving existing
tools and resources, rather than advancing a harmful and duplicative
proposal such as H.R. 620, which would upend a carefully crafted legal
framework that has boasted strong bipartisan support for nearly three
decades. It would be more productive to enhance funding for existing ADA
education and mediation programs rather than requiring lengthy notice
periods that remove any incentive to follow the law until violations are
detected and civil rights are denied. 

We are ready to work with any Senator who is interested in developing
pragmatic and bipartisan solutions that improve business’ compliance with
the ADA. For example, we support strengthening the capabilities of the DOJ
Civil Rights Division’s ADA Technical Assistance Unit, which provides
education and technical assistance to help businesses comply with the law.
We should also expand the ADA National Network, which supports ten regional
ADA Centers and an ADA Knowledge Translation Center. These resources, funded
through the U.S. Department of Health and Human Service’s National Institute
on Disability, Independent Living, and Rehabilitation Research, provide free
assistance to entities seeking to comply with the ADA. 

However, we will strongly object to any time agreement or unanimous consent
request with respect to consideration of H.R. 620, or any similar
legislation that seeks to weaken Federal protections for an entire protected
class of Americans. By preserving title III of the ADA, Congress will uphold
the intent and principle of the underlying statute that disability rights
are civil rights. 

No American should be forced to endure discrimination for any length of time
so that places of public accommodation may learn how to follow a seminal,
bipartisan civil rights law that was enacted in 1990. Respectfully, we urge
you to join us in supporting the rights of Americans with disabilities by
making clear that H.R. 620, or similar legislation, will never receive a
vote in the United States Senate during the 115th Congress.  

Sincerely,

-30-

  _____  

  _____  

[1] Americans with Disabilities Act §302(a): “No individual shall be
discriminated against on the basis of disability in the full and equal
enjoyment of the goods, services, facilities, privileges, advantages, or
accommodations of any place of public accommodation by any person who owns,
leases (or leases to), or operates a place of public accommodation.”

[2] Civil Rights Act of 1964 §201(a): “All persons shall be entitled to the
full and equal enjoyment of the goods, services, facilities, privileges,
advantages, and accommodations of any place of public accommodation, as
defined in this section, without discrimination on the ground of race,
color, religion, or national origin.” 

[3] 26 U.S.C. §190

[4] U.S. Department of Justice, “The Civil Rights Division’s Comments on the
“ADA Education and Reform Act of 2017” (H.R. 620), September 12, 2017.
Available online at:
http://www.c-c-d.org/fichiers/DOJ-Comments-on-HR-620-%289-11-17%29.pdf
<https://mandrillapp.com/track/click/30489975/www.c-c-d.org?p=eyJzIjoiVDMwS2
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