ADA Education and Reform Act of2017 (HR 620)
(Sponsor: Rep. Ted Poe, R-TX-2; Rep. Tom Emmer is a co-sponsor)
This bill requires the Disability Rights Section of the Department of Justice to develop a program to educate state and local governments and property owners on strategies for promoting access to public accommodations for persons with a disability. The program may include training for professionals to provide a guidance of remediation for potential violations of the Americans with Disabilities Act of 1990 (ADA).
The bill prohibits civil actions based on the failure to remove an architectural barrier to access into an existing public accommodation unless: (1) the aggrieved person has provided to the owners or operators a written notice specific enough to identify the barrier, and (2) the owners or operators fail to provide the person with a written description outlining improvements that will be made to improve the barrier or they fail to remove the barrier or make substantial progress after providing such a description. The aggrieved person's notice must specify: (1) the address of the property, (2) the specific ADA sections alleged to have been violated, (3) whether a request for assistance in removing an architectural barrier was made, and (4) whether the barrier was permanent or temporary.
The Judicial Conference of the United States must develop a model program to promote alternative dispute resolution mechanisms to resolve such claims. The model program should include an expedited method for determining relevant facts related to such barriers and steps to resolve accessibility issues before litigation.
Supporting Groups
American Hotel and Lodging Association, American Resort Development Association, Asian American Hotel Owners Association, Building Owners and Managers Association (BOMA) International, CCIM Institute, Institute of Real Estate Management, International Council of Shopping Centers, International Franchise Association, NAIOP, the Commercial Real Estate Development Association, National Apartment Association, National Association of REALTORS®, National Association of Theatre Owners, National Council of Chain Restaurants, National Federation of Independent Business, National Multifamily Housing Council, National Restaurant Association, NATSO, Representing America's Travel Plazas and Truck Stops, Retail Industry Leaders Association, U.S. Chamber of Commerce.
Minnesota businesses have been targeted by a small group of attorneys in past few years over allegedtechnical violations of the Americans with Disabilities Act (ADA) and MN Human Rights Act (MHRA) accessibility requirements. In 2016, HF 2955 passed unanimously and was signed by Governor Dayton to givebusinesses more tools to help fight these lawsuits. This did not stop this abusive lawsuit practicethat seems to have primary objective of a monetary award for the attorneys versus improving access for the disabled. In 2017, HF 1542 was passed and signed by Governor Dayton providing a mandatory notice prior to commencement of a lawsuit. The business community worked with State Council of Disability, LegalAid MN and MN Department of Human Rights on this bi-partisan legislation.
Background and Rise of “Drive-by lawsuits”
The ADA and MHRA require businesses that provide goods and services to the public to be accessible by removing architectural barriers in existing facilities when it is "readily achievable" (defined as "easily accomplishable without much difficulty or expense”). The regulations have many technical requirements such as height of signs, width of doors, and slope of parking lots. The chart below shows large uptick in the lawsuits filed in federal court where historically Minnesota would see a small number of cases. This does not include cases filed in state court and we do not know the number of suits which were settled. This lawsuit abuse is also occurring in many other states. The most common violations alleged are technical such as color/height of parking signs and parking lot striping. Even after fixing the violation, many businesses have paid thousands of dollars in settlement demands as a cheaper alternative to fighting a lawsuit.
Chapter 80 signed by Governor Dayton requires a mandatory notice be provided to businesses of an alleged access violation with a 60 day response time (30 days longer if weather prevents ability to cure) prior to a commencement of a lawsuit for the state claims. This will encourage businesses to quickly remedy access issues and help prevent the current lawsuit abuse while still allowing plaintiffs to pursue their legal remedies.
Albert Lea-Freeborn County Chamber of Commerce
Apple Valley Chamber of Commerce
Austin Area Chamber of Commerce
Belle Plaine Chamber of Commerce
Bemidji Area Chamber of Commerce
Brainerd Lakes Chamber
Burnsville Chamber of Commerce
Dakota County Regional Chamber of Commerce
Duluth Area Chamber of Commerce
East Grand Forks/Grand Forks Chamber of Commerce
Eden Prairie Chamber of Commerce
Elk River Area Chamber of Commerce
Faribault Area Chamber of Commerce & Tourism
Grand Rapids Area Chamber
Greater Mankato Growth Inc.
Hastings Area Chamber of Commerce & Tourism
Hibbing Area Chamber of Commerce
I94 West Chamber of Commerce
International Falls Area Chamber of Commerce
Litchfield Chamber of Commerce
Marshall Area Chamber of Commerce
Minneapolis Regional Chamber of Commerce
MetroNorth Chamber of Commerce
New Ulm Area Chamber of Commerce
North Hennepin Area Chamber of Commerce
Northfield Area Chamber of Commerce
Owatonna Area Chamber of Commerce Tourism
River Heights Chamber of Commerce
Rochester Area Chamber of Commerce
Saint Cloud Area Chamber of Commerce
Saint Paul Area Chamber of Commerce
Shakopee Area Chamber
Twin Cities North Chamber of Commerce
TwinWest Chamber of Commerce
Waconia Chamber of Commerce
Waseca Area Chamber of Commerce
White Bear Area Chamber of Commerce
Willmar Lakes Area Chamber of Commerce
Winona Area Chamber of Commerce
Worthington Area Chamber of Commerce