To: Governor Kay Ivey and The United States Senate
Hands Off Our ADA
The House on Thursday passed legislation that would amend the Americans With Disabilities Act over objections from disability rights advocates and Democratic leaders, who warned that the bill would remove incentives for businesses to comply with the law. The ADA Education and Reform Act passed on a 225-to-192 vote, with 12 Democrats joining all but 19 Republicans to approve a bill that proponents say is aimed at curbing unscrupulous lawyers who seek profit by threatening businesses with litigation without actually seeking to improve access for the disabled.
But activists say the bill, if enacted, would essentially gut the ADA’s provisions dealing with public accommodations by removing any incentive that businesses have to comply with the law before a complaint is filed.
But activists say the bill, if enacted, would essentially gut the ADA’s provisions dealing with public accommodations by removing any incentive that businesses have to comply with the law before a complaint is filed.
Why is this important?
1 in 5 adults in the U.S. is living with a disability. Thursday, the House signed a bill called the H.R. 620, the inaptly named “ADA Education And Reform Act Of 2017,” that would weaken the Americans with Disabilities Act (ADA), a critical source of rights for people with disabilities to architectural access in public accommodations—that is, businesses such as stores, restaurants, hotels, etc.
H.R. 620:
Removes any incentive for voluntary compliance.
Rewards non-compliance by allowing businesses generous additional timelines, even though the ADA’s very reasonable requirements are already over 25 years old! The ADA is already carefully crafted to take the needs of business into account.
Pretends that money damages requested from businesses are part of the ADA. Actually, this part of the ADA doesn’t even allow money damages, so changing the Federal ADA will not affect any state law money damage provisions.
Ignores the extensive, free educational resources already available today to any business on how to comply with the ADA.
Ignores the effective & extensive methods already available to courts and state bar associations to deal with a very few frivolous lawsuits or unscrupulous attorneys. We should use those existing legal mechanisms when needed, rather than deny the civil rights established by the ADA that aid people with disabilities every day.
Look behind the media myths: The vast majority of ADA attorneys and plaintiffs are seeking solutions to fix real denials of access. But the business community has pushed the media to portray “a few bad apples” as a landslide.
A good example of what might happen if this is signed into law:
I get a job offer from a company that I find has a supposed "handicapped stall", but it only fits a manual chair. I can't use the restroom at all while I'm at work.
A good example of how it may affect one living with a disability is this: I can go and complain that my power chair won't fit and ask them to make a change to the restroom. They don't have to do anything now but wait until I sue them. Then they have 60 days to show they are planning an accessible restroom stall. Then they have another 120 days to show they are making progress towards changing this architectural barrier.
All the while, if I want to work there, I cannot get in the stall to pee! There are countless examples I could come up with as to how this bill would not help but harm the quality of life for those living with diverse types of disabilities. This bill is asking us to jump off a cliff and scream " Lord help me"
H.R. 620:
Removes any incentive for voluntary compliance.
Rewards non-compliance by allowing businesses generous additional timelines, even though the ADA’s very reasonable requirements are already over 25 years old! The ADA is already carefully crafted to take the needs of business into account.
Pretends that money damages requested from businesses are part of the ADA. Actually, this part of the ADA doesn’t even allow money damages, so changing the Federal ADA will not affect any state law money damage provisions.
Ignores the extensive, free educational resources already available today to any business on how to comply with the ADA.
Ignores the effective & extensive methods already available to courts and state bar associations to deal with a very few frivolous lawsuits or unscrupulous attorneys. We should use those existing legal mechanisms when needed, rather than deny the civil rights established by the ADA that aid people with disabilities every day.
Look behind the media myths: The vast majority of ADA attorneys and plaintiffs are seeking solutions to fix real denials of access. But the business community has pushed the media to portray “a few bad apples” as a landslide.
A good example of what might happen if this is signed into law:
I get a job offer from a company that I find has a supposed "handicapped stall", but it only fits a manual chair. I can't use the restroom at all while I'm at work.
A good example of how it may affect one living with a disability is this: I can go and complain that my power chair won't fit and ask them to make a change to the restroom. They don't have to do anything now but wait until I sue them. Then they have 60 days to show they are planning an accessible restroom stall. Then they have another 120 days to show they are making progress towards changing this architectural barrier.
All the while, if I want to work there, I cannot get in the stall to pee! There are countless examples I could come up with as to how this bill would not help but harm the quality of life for those living with diverse types of disabilities. This bill is asking us to jump off a cliff and scream " Lord help me"