[Ohio-talk] fyi

Sun Sep 18 00:49:25 UTC 2016

Dear Colleagues,

To add to this thread, below is the text of a letter that was sent to
members of Congress and that was shared with affiliate leaders:

Mark Riccobono, President  |  200 East Wells Street at Jernigan Place
Baltimore, MD 21230  |  410 659 9314  |  www.nfb.org 
September 8, 2016 
United States House of Representatives Washington, DC 20515 
Re: Opposing H.R. 3765 the ADA Education and Reform Act of 2015 
Dear Representative: 
The National Federation of the Blind (NFB) opposes H.R. 3765. For
seventy-six years, NFB members have fought for, and to protect, the rights
of people with disabilities in the United States. In 1990, our members
worked closely with our partners in the disability community and Congress to
secure the passage of the Americans with Disabilities Act, (ADA). The ADA
revolutionized the way we, as people with disabilities, interact with and
access government services, commerce, and participate in our local
communities. The passage of the ADA affirmed the principal that people with
disabilities are first-class citizens, with rights and protections under the
law, like all other Americans. However, H.R. 3765, the ADA Education and
Reform Act of 2015 now threatens to undermine the mechanisms of the law that
afford us those protections. 
Under the framework of H.R. 3765, a person with a disability confronting
access barriers would be required to give a written notice to the business
owner, who then has 60 days to even acknowledge the problem, followed by an
additional 120 days to take corrective action. No other group is required to
wait 180 days to enforce their civil rights. 
One of the “problems” proponents of H.R. 3765 refer to when talking about
this legislation is that businessowners are unfairly being victimized by the
accessibility requirements set forth by the ADA. However, this flawed
approach neglects to recognize the daily experiences of millions of
Americans with disabilities, who every day are discriminated against by
public facilities and e-commerce that fail to meet even the most minimal
accessibility requirements. Furthermore, the ADA was carefully crafted to
ensure that such requirements are not overly burdensome, and our experience
as Americans with disabilities has taught us that when included from the
design and development stages, accessibility features do not result in
increased construction and manufacturing costs. 
Proponents also argue that monetary incentives are behind most civil action
under the ADA. However, title III of the Americans with Disabilities Act,
which applies to privately operated public accommodations, commercial
facilities, and private entities offering certain examinations and courses,
prohibits money damages.i A handful of states allow damages according to
their state laws, and this bill will do nothing to prevent damage awards
under state laws. 
Furthermore, this bill would force disabled Americans, who face wage,
employment, and other forms of discrimination that can impact our financial
resources, to pay attorneys to draft the notice. No attorney would take a
case without the prospect of receiving payment for their work.  That is why
the drafters of the Americans with Disabilities Act included attorney’s
fees; it is what makes the ADA function.  
National Federation of the Blind 
Mark Riccobono, President  |  200 East Wells Street at Jernigan Place
Baltimore, MD 21230  |  410 659 9314  |  www.nfb.org 
Finally, there are a multitude of resources available to help small
businesses comply with the ADA. However, there are very few resources
available to help blind and other disabled Americans receive the equal
access we need to live in society. This bill would severely limit one of the
few tools we have at our disposal to ensure we are provided an equal
opportunity to participate. 
Despite the major accomplishments of the Americans with Disabilities Act,
people with disabilities continue to confront systemic accessibility
barriers, and rather than exacerbating this experience, Congress should work
to build upon the ADA’s progress to ensure that blind and all other disabled
Americans can live the lives we want. H.R. 3765 will not be a step forward,
but rather, a step back. I strongly urge you to vote nay on H.R. 3765 
Sincerely, 
Mark A. Riccobono President, National Federation of the Blind 
MAR/gc 
i 42 U.S.C. § 12188; 42 U.S.C §§ 12182 and 12181(7); 42 U.S.C. §§ 12183 and
12181(2); and 42 U.S.C. § 12189.

From: Chapter-presidents [mailto:chapter-presidents-bounces at nfbnet.org] On
Behalf Of Fredric Schroeder via Chapter-presidents
Sent: Saturday, September 17, 2016 9:32 AM
To: 'NFB Chapter Presidents discussion list'
Cc: Schroeder, Fred
Subject: Re: [Chapter-presidents] ADA Reform Act

Dear Randy & Ann,

To me the bottom line is that the ADA has been the law of the land for more
than a quarter century. Large and small businesses have obligations under
the law, and the requirements are not burdensome. The ADA already provides
that business owners only have to make their facilities accessible to the
extent that it is “readily achievable” and does not constitute an “undue
burden.” Further, the ADA does not entitle plaintiffs to civil damages if
they are successful in suing a business under Title III, so it is ridiculous
to argue that a business would pay a potential plaintiff an exorbitant sum
of money to settle a complaint since the business could be sued over and
over again for the same violation by others. In other words paying to settle
a complaint does not fix the violation. The only way the business could
protect itself from being repeatedly sued would be by making its facility
accessible. 

In my view the real harm here is the chipping away at the ADA’s protections.

Best,

Fredric K. Schroeder, Ph.D.

From: Chapter-presidents [mailto:chapter-presidents-bounces at nfbnet.org] On
Behalf Of Randy Walker via Chapter-presidents
Sent: Saturday, September 17, 2016 8:54 AM
To: NFB Chapter Presidents discussion list <chapter-presidents at nfbnet.org>
Cc: Randy Walker <randywalker410 at gmail.com>
Subject: Re: [Chapter-presidents] ADA Reform Act

I understand the small owners need the chance to make it right.
If the big company's are holding back a employ with a disability because of
the Disability then they must be taken a peg or two.
Watt I talking about the big bog stores such as BEST BUY  Wal-Mart and
target.
It has happened to me.
Am I right in this?

Randy & Ann Walker
3619 Pheasant Lane Unit 4
Waterloo Iowa 50701
319-2395212

From: Fredric Schroeder via Chapter-presidents
<mailto:chapter-presidents at nfbnet.org>  
Sent: Saturday, September 17, 2016 6:05 AM
To: 'NFB Chapter Presidents discussion list'
<mailto:chapter-presidents at nfbnet.org>  
Cc: Fredric Schroeder <mailto:fschroeder at sks.com>  
Subject: Re: [Chapter-presidents] ADA Reform Act

Dear Roger,

I share your concern.

In recent years there have been a number of Congressional attempts to weaken
the Americans with Disabilities Act. The various legislative proposals are
known as ADA notification bills. While the specifics of the proposals
differ, the main thrust has been to require notification of an ADA
accessibility violation before legal action can be taken. 

Proponents of the ADA notification bills say that lawyers are suing small
businesses that did not know of their ADA accessibility obligations without
giving them the opportunity to correct access violations before facing
costly legal action. Proponents also say that unscrupulous attorneys are
doing this to recover large awards for attorney fees, so-called “drive by”
ADA suits. The supporting evidence is very weak. 

House leadership had hoped to bring H.R. 3765, the ADA Education and Reform
Act of 2015, to a full floor vote next week; however it is not on the
calendar and, in my view, is not likely to make it to a vote before the
Congress adjourns in early October. 

Many advocacy groups regard this as a dangerous bill and are urging people
to contact their members of the House of Representatives asking them to
oppose the bill. In its original version, the bill would have imposed
criminal penalties for individuals bringing ADA accessibility suits without
first giving the business a number of months to correct the violation. While
the new version of the bill removes the contentious criminal fine, H.R. 3765
would still have a chilling effect on individuals seeking their right to
accessibility. The bill would give businesses that have failed to provide
access for over 26 years additional time to comply with the ADA. More
troubling is that the bill would remove any incentive for businesses to come
into compliance before receiving notification of a violation. Businesses
would face no consequence for years of discrimination, while millions of
people with disabilities would continue to be unable to participate in basic
activities in their communities. 

In my view it is important that H.R. 3765 never sees the light of day. The
potential harm and the retreat from basic civil rights protections it
represents for people with disabilities is unconscionable.

Fredric K. Schroeder, Ph.D.

From: Chapter-presidents [mailto:chapter-presidents-bounces at nfbnet.org] On
Behalf Of Roger Crome via Chapter-presidents
Sent: Friday, September 16, 2016 5:51 PM
To: NFB Chapter Presidents discussion list <chapter-presidents at nfbnet.org>
Cc: Roger Crome <rogerc at lifecilmo.org>
Subject: [Chapter-presidents] ADA Reform Act

Hello All,
Below is a link to a bill that is currently in Congress.  I am very
concerned that this type of legislation could weaken the protections given
to people with disabilities.  If the law needs to be reformed, the
protections need to be strengthened.  Please go to and take a look.  I am
interested in the perspectives of other Federationists.
https://www.congress.gov/bill/114th-congress/house-bill/3765

Thanks,
Roger Crome

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