by Shane Henson — November 23, 2011—Congressman Dan Lungren (R-Gold River, California) has introduced a bill, H.R. 3356, otherwise known as the ACCESS Act, that could give business owners accused of violating the Americans with Disabilities Act of 1990 (ADA) time to rectify the situation that led to them being faced with a lawsuit. In short, the legislation would amend the ADA to impose notice and a compliance opportunity to be provided before commencement of a private civil action.
According to Lungren, by establishing a short window of time for businesses to fix alleged ADA violations without legal action, courts can be freed from hearing unnecessary lawsuits that are motivated by greed instead of the goal of ensuring disabled customers have a safe and comfortable experience when frequenting businesses in their communities.
“Too often these lawsuits are filed and the accuser takes the settlement money and moves on down the road. Access for the disabled does not get fixed because the business owner has spent his money on the lawsuit. The business owner loses out, disabled Americans still can’t patronize the place—only the pockets of the one bringing the suit are enriched,” Lungren said.
