[NFBF-Tampa] Fwd: [Nfbf-l] Your help is needed

Wed Aug 30 01:15:43 UTC 2017

Hi Dan,

I appreciate you and Gloria contacting Representative Castor.  Below is an article written by President Riccobono that was published in "The Hill".  This article addresses what you might feel the purpose of the bill is for.  The article addresses this reasoning as it appears this was the purpose for H.R. 620.  I have talked with Tim Elder a few times in the past two days and he suggests we ask what is the reason for this bill as well - just so we know and are not presuming. Tim believes the attorneys should be regulated as they are in California.  He admits it is more paperwork but the burden should not be put on the disabled person in this situation.

Enjoy the read! Merry 

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.

From: NFBF-Tampa [mailto:nfbf-tampa-bounces at nfbnet.org] On Behalf Of Dan Hicks via NFBF-Tampa
Sent: Tuesday, August 29, 2017 7:00 PM
To: NFB of Florida Tampa Chapter List
Cc: Dan Hicks
Subject: Re: [NFBF-Tampa] Fwd: [Nfbf-l] Your help is needed

Wow, this is interesting and surprising. I have known Cathy since she was one of the lone sane voices on the HART Board and on the County Commission. She is one of the few congresscritters that almost always sees us when we are at Washington Seminar and has always been willing to work with us. 

I will definitely contact her and I am sure Gloria will too. I would like to know her reasoning behind sponsoring this bill. I know that the ADA and its interpretations have resulted in a great number of nuisance lawsuits, brought by those who don't have any interest in the alleged violation, sometimes with very little grounds, and only to squeeze money out of a business because the business owner does not want to go through the expense of going to court. That may be the reason, but it looks like this bill probably goes too far. 

Dan

“Justice will not be served until those who are unaffected are as 

 outraged as those who are.”                          ― Benjamin Franklin

  _____  

From: tampa President via NFBF-Tampa <nfbf-tampa at nfbnet.org>

To: Merry Schoch via NFBF-Tampa <nfbf-tampa at nfbnet.org>

Cc: tampa President <nfbf.tampa at gmail.com>

Sent: Tuesday, August 29, 2017, 5:14:57 PM EDT

Subject: [NFBF-Tampa] Fwd: [Nfbf-l] Your help is needed

Greetings all,
I hope you all are doing well, and are staying dry. Earlier today I sent out in immediate action item, and hope that you will either join me tomorrow or call in and ask the congresswoman to withdraw this bill. Please read the below email and find some changes to what I had sent out previously. I apologize for any inconvenience and let me know if you have any questions.

-- 
Miranda b. Kilby

Ph: (352)942-0417

Begin forwarded message:

From: Merry Schoch via Nfbf-l <nfbf-l at nfbnet.org>
Date: August 29, 2017 at 3:42:25 PM EDT
To: "'NFB of Florida Internet Mailing List'" <nfbf-l at nfbnet.org>
Cc: Merry Schoch <merrys at verizon.net>
Subject: [Nfbf-l] Your help is needed
Reply-To: NFB of Florida Internet Mailing List <nfbf-l at nfbnet.org>

Members of the National Federation of the Blind of Florida: We need you!!

What is happening?...

Legislative action needed! H.R. 3571, the "Reasonable ADA Compliance Act of
2017" is a bill introduced and sponsored by Congresswoman Kathy Castor of
Florida Congressional District 14. Currently there are no co-sponsors and we
need your help to encourage Representative Castor 

to withdraw this bill.  To read the bill go to:
https://www.congress.gov/bill/115th-congress/house-bill/3571/text

If passed, this legislation will dramatically weaken the ADA, hindering
education, employment, and community participation for all people with
disabilities. The bill prevents people with disabilities from filing a
lawsuit regarding an ADA violation until the person first notifies the
violator. The violator has 120 days to remedy the problem. If the violator
does not remedy the problem during the 120 days, the violator has the right
to request from the court an extension for an additional 30 days to correct
the issue, totaling 150 days. This is only 30 days less than H.R. 620 (the
previous bill written to weaken the ADA).

Does it make sense to wait 150 days for accessible instructional material?
By then, the class will be over. 

How about waiting 150 days at the doctor's office for an accessible check in
kiosk? 

How about waiting 150 days to be able to enter a cab, Uber, Lyft,
restaurant, or hotel due to the use of a service animal?

Businesses do not need more time to comply with the ADA they have had
twenty-seven years already. 

What can you do to help? 

Please call Congresswoman Kathy Castor urging her to withdraw H.R. 3571, the
"Reasonable ADA Compliance Act of 2017". 

Please find her contact information below.

Members of the Tampa Bay chapter will stop in tomorrow, Wednesday, at
approximately 10:00 a.m. If you can call  on Wednesday that would be great.
If not, Representative Castor will be at her local office until Friday,
September 1st.  

Tampa Office Hours: 8:30 a.m. - 5 p.m.

Phone: (813) 871-2817

Fax: (813) 871-2864

4144 N. Armenia Ave., Suite 300, Tampa, FL 33607

Representative Castor will be back in Washington D.C. on September 5th if
you cannot call before this Friday.

Washington D. C. Office Hours: 9 a.m. - 5:30 p.m.

Phone: (202) 225-3376

Fax: (202) 225-5652

2052 Rayburn House Office Building, Washington, DC 20515

Talking points for speaking with the Congresswoman or one of her staff:

* The act weakens the ADA;

* Under this act students with disabilities will not have remedies to
receive accessible instructional materials to complete a course while
students without a disability will have completed the course; 

* There will be no remedies for individuals who have been denied access due
to the use of a service animal into a public accommodation where the general
public is welcomed.  

Members and friends if you are not comfortable talking on the telephone
instructions for emailing is below:

To email:

Go to:   http://castor.house.gov/

Go to the "Contact" link and within this link is a form to fill out.  Under
the subject line you will find a list of categories, if you hit the letter
"c" until you are at "Civil Rights" - then choose Civil Rights.

You will find a message box to send your message.  Here is an example of a
message that you may want to send:

Dear Representative Castor:

I am requesting the withdrawal of H.R. 3571, the "Reasonable ADA Compliance
Act of 2017. This act will harm the blind and other persons with
disabilities. Under this act students with disabilities will not have
remedies to receive accessible instructional materials to complete a course
until the course is over. A blind person who needs to check into a doctor's
appointment using a kiosk will not be able to do so and will have to wait up
to 150 days until this problem is remedied. 

The Americans with Disabilities Act has been a part of law to provide equity
for blind or otherwise disabled individuals since 1990 - 27 years. I believe
this is ample time for businesses to become align with accessibility.  If
accessibility is a part of the beginning of construction it is affordable
and easy to implement.  

I would greatly appreciate the withdrawal of this bill that will only
separate and create inequality for individuals with disabilities.

Sincerely,

Your name

Thank you all for participating in this legislative action! We cannot do
anything without you!

In Federation love, hope, and determination,

Merry C. Schoch

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