[Nfbc-info] Fwd: [Nfbnet-members-list] The Hill: Passing the ADA Education and Reform Act would be a step backwards for equality and justice, by Mark Riccobono

[Shannon Dillon]

Good morning,
Please see the email below containing a letter written by President
Mark Riccobono.  It explains why we oppose H.R. 620.  Please let your
Congressional representative know we oppose H.R. 620.  Email and call
your representative.  You can share President Riccobono's letter with
your representative.
Thanks.
Shannon L. Dillon


---------- Forwarded message ----------
From: "Danielsen, Chris via NFBNet-Members-List"
<nfbnet-members-list at nfbnet.org>
Date: Thu, 27 Jul 2017 16:36:07 -0500
Subject: [Nfbnet-members-list] The Hill: Passing the ADA Education and
Reform Act would be a step backwards for equality and justice, by Mark
Riccobono
To: nfbnet-members-list at nfbnet.org

Source: The Hill
Date: July 26, 2017
Author: Mark Riccobono
Passing the ADA Education and Reform Act would be a step backwards
for equality and justice
Exactly twenty-seven years ago, the United States took another in a
long series of steps toward actualizing our founding principles of
equality and justice for all. On July 26, 1990, the Americans with
Disabilities Act (ADA) became the law of the land. With its signing
by President George H.W. Bush came true progress in the fight for
equality and opportunity for the nation's blind.
The National Federation of the Blind, the country's oldest and
largest nationwide organization of blind people, has always been
determined in our efforts to break down barriers that hinder us from
transforming our dreams into reality and living the lives we want.
The ADA, while not the only means through which we achieve these
goals, has been and continues to be indispensable. Specifically,
Title III of the ADA provides legal remedies for the blind when we
encounter accessibility barriers as we work, study, shop, travel, and
generally avail ourselves of the things that society has to offer.
Such barriers are daily occurrences in our lives, and, in the worst
cases, threaten our employment, education, and ability to function in
our communities.
It is therefore incumbent upon us to defend against the many assaults
upon the ADA. Using a tactic deployed by critics of the Civil Rights
Act and the Voting Rights Act, opponents of the ADA falsely accuse us
of wanting special privileges or treatment. But we demand only equal
treatment and opportunity; no more, no less.
The latest misguided attempt to undermine civil rights and equality
for the blind and other Americans with disabilities is the ADA
Education and Reform Act, a House bill that would purportedly
mitigate the scourge of "frivolous" lawsuits brought by shady lawyers
and "serial plaintiffs."
The crux of the argument in favor of this bill is that people with
disabilities, such as the fifty thousand members of the National
Federation of the Blind, are abusing the ADA in order to make a quick
buck by unfairly targeting small businesses. There are several things
wrong with this thesis. First, there is no systematic evidence that
large numbers of illegitimate complaints are being filed. Proponents
of this legislation, which would insert 180 days of unnecessary lag
time between when a violation is encountered and when redress can be
expected, can only point to anecdotal and extreme cases. For example,
a report that analyzed all Title III lawsuits filed in 2016 found
just twelve "serial plaintiffs." Given that 6,600 suits were filed in
total, claims of abuse are exaggerated.
Second, this bill cannot and does not make any distinction between
meritorious and frivolous complaints. Therefore, legitimate
complaints would be discouraged because of a tiny number of bad
actors. The blind are disgusted by any abuse of the ADA for personal
enrichment, but we do not believe that the problem is pervasive
enough to weaken the most critical tool that we have to protect our rights.
Third, the number of violations that we encounter daily dwarfs the
number of lawsuits. Lawsuits are expensive and time consuming, and we
do not pursue them lightly. In most cases, we find acceptable
work-arounds and move on.
In short, this bill is a solution in search of a problem. While it is
true that Title III complaints have risen substantially in recent
years, it is also true that awareness of our rights as blind people
and the mechanisms of redress available to us have risen in equal
measure. It is also true that new opportunities driven by technology
bring with them new accessibility challenges. Whether we are
attempting to engage in ecommerce, book travel plans using digital
platforms, or conduct banking activities using mobile applications,
we are consistently met with roadblocks that clearly violate the ADA.
The National Federation of the Blind strongly opposes this bill. On
this day we commemorate a milestone in our nation's history. We
acknowledge that passage of the ADA was another move toward a more
perfect union. To support a bill that would undermine the ability of
the blind and others with disabilities to ensure equal access and
opportunity would be to repudiate that project and dishonor our
shared legacy. As we use this anniversary to reflect on what the ADA
means, we will also take concerted action to buttress it against
those forces that would undermine it. The National Federation of the
Blind calls on those who have already signed on as co-sponsors of
this bill to withdraw their support and for those who may be asked to
support it in the future to refuse. To do otherwise is to scale back
hard-won gains and hinder our progress toward true equality.
Mark A. Riccobono is president of the National Federation of the Blind.
<http://thehill.com/blogs/congress-blog/politics/343880-passing-the-ada-education-and-reform-act-would-be-a-step>http://thehill.com/blogs/congress-blog/politics/343880-passing-the-ada-education-and-reform-act-would-be-a-step



Christopher S. Danielsen, J.D.
Director of Public Relations
200 East Wells Street, Baltimore, MD 21230
(410) 659-9314, Ext. 2330 | cdanielsen at nfb.org
Twitter: @rlawyer

<https://nfb.org/>
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-- 
SHANNON L. DILLON