Summary
Requires people to give businesses written notice and a chance to fix access barriers before a lawsuit can be filed for ADA violations.
What problem does this solve?
Some businesses face expensive lawsuits for disability access problems without being given a chance to fix them first. This bill requires people to notify a business of an access barrier and gives the business time to fix the issue before a lawsuit can be started.
What does this bill do?
Creates a 'notice and cure' period
Prohibits a person from filing a lawsuit over an access barrier unless they first give the business written notice. The business then has time to respond with a plan and show progress in fixing the problem.
Establishes an education program
Directs the Department of Justice to create a program to teach state governments and property owners how to make their places accessible to people with disabilities.
Reference
Text:
Section:
Sec. 5
Header:
Mediation for ADA actions related to architectural barriers
Promotes mediation instead of lawsuits
Requires the Judicial Conference of the United States to develop a model program for using mediation to solve disagreements about architectural barriers, helping to avoid costly court cases.
Requires specific details in notices
Mandates that a written notice about an access barrier must include the property address or website URL, whether help was asked for, and if the barrier was permanent or temporary.
Studies website accessibility standards
Directs the Attorney General to study if certain web standards (WCAG 2.0), accessibility tools, or providing a phone number are good ways for websites to accommodate people with disabilities.
Who does this affect?
- People with disabilities
- Business and property owners
- Website and mobile app developers
What is the real world impact?
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May delay access for people with disabilities
Creates extra steps and waiting periods for people with disabilities seeking to enforce their rights. Critics may argue this weakens the Americans with Disabilities Act by prioritizing business interests over the immediate need for access.
When does this start?
The rules in this bill will start 30 days after it becomes law, but it includes several specific deadlines for action.
Business response period
After receiving a written notice, a business has 60 days to provide a written plan for how it will remove the barrier.
Barrier removal period
After providing its plan, the business has another 60 days to either remove the barrier or make significant progress on removing it.
Website accessibility study
The Attorney General must complete a study on website accessibility standards no later than one year after the bill becomes law.