The Americans with Disability Act (ADA) was groundbreaking legislation ensuring equal access and the civil rights for all individuals regardless of impairment. While the federal legislation has been lauded for breaking down the physical barriers that were keeping many from equal access to public buildings, a handful of individual states have attempted to "strengthen" the law through separate legislative initiatives. While the Federal law does not provide monetary compensation when businesses and facilities are deemed out of compliance, some of these state regulations have opened the option. In these states, "drive-by" lawsuits have become prolific. H.R. 620 is an attempt to rectify the situation.
While H.R. 620 aims to fix a true issue with abuses around Title III of the ADA (equal access to buildings and facilities), it is not the correct solution. Under H.R. 620, the civil rights of individuals with disabilities are put on hold as the judicial process examines the situation. The estimated 2-4 month remedy could easily become 6-12 months, excluding the disability community from accessing a building or facility during the process.
H.R. 620 passed the House last week, but at this time there is no comparable bill in the Senate. I encourage everybody to contact their Senators and encourage them to keep their #HandsOffMyADA. Instead encourage the individual states to remove the financial compensation option from their books, nullifying the frivolous lawsuits that are hurting businesses in this communities.
I feel it is important to remind my readers that Title III of the ADA requires "reasonable accommodations." The very definition of "reasonable" under the statute is influenced by the size and scope of the businesses out of compliance. The ADA is not intended to terrify small businesses but is rather meant to strengthen society by permitting equal access by everybody in the community, regardless of impairment.
Dave and I recorded an important podcast about H.R. 620. Please listen, and act.
About Me
- Peggy
- I am a below knee amputee. More importantly, I am also Mommy to two boys, a very active 10 year old (Robby) and an mischievous toddler (Timmy). I have learned that being a parent with a disability can create some unusual and sometimes humorous situations. This blogger is available for hire! Let's talk and learn how a blog can expand your business.
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