Rep. Calvert Votes for Bill to Ensure the ADA is Focused on Access for the Disabled, Not Abusive Lawsuits
Today, Congressman Ken Calvert (CA-42) voted along with a majority (225 to 192) of the House of Representatives to approve H.R. 620, the ADA Education and Reform Act. Rep. Calvert is an original cosponsor of the bill.
“The goal of the Americans with Disabilities Act is to provide access for the disabled, not to give money hungry trial lawyers the opportunity to abuse small businesses,” said Rep. Calvert. “Protecting small businesses from abusive lawsuits and ensuring disabled Americans have adequate access are not mutually exclusive goals. That’s why I am an original cosponsor of H.R. 620 and believe its passage is critical to both the disabled and small business communities. By giving business owners adequate time to make the appropriate changes to provide access, we are returning the original spirit and intent of the ADA.”
H.R. 620 would alleviate the financial burden small businesses are facing as a result of ADA lawsuits, while still fulfilling the purpose of the Act. Any person aggrieved by a violation of the ADA would provide the owner or operator with a written notice of the violation, specific enough to allow such owner or operator to identify the barrier to their access. Within 60 days the owner or operator would be required to provide the aggrieved person with a description outlining improvements that would be made to address the barrier. The owner or operator would then have 120 days to remove the infraction. The failure to meet any of these conditions would allow the suit to go forward.
As a former small business owner and past president of the Corona Chamber of Commerce, Rep. Calvert has seen firsthand the devastating effects of frivolous ADA lawsuits. As such, Rep. Calvert has long led the effort in Congress to reform the ADA and looks forward to continuing the fight on these important issues.
The following organizations have endorsed the bill:
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.