Reject the ADA Education and Reform Act

National Rehabilitation Association

Issue Statement

Reject the ADA Education and Reform Act

The National Rehabilitation Association calls on Congress to reject the ADA Education and Reform Act, H. R. 620

Committee of Jurisdiction:House Judiciary

Reported Favorably(15 – 9),September 7, 2017

Statement of the Problem:Businesses have had nearly 28 years to come into compliance with the access requirements of the Americans with Disabilities Act (ADA).Yet H. R. 620 would unfairly shift the responsibility of compliance to people with disabilities by requiring them to provide written notice of access violations and then to waithalf a year before legal action may begin. Under H. R. 620, there is no incentive for businesses to make needed accommodations. Indeed, the incentive is to wait until someone complains before taking action to comply with the decades old law.

Under H. R. 620, the notice of an access violation must specify: (1) the address of the property, (2) the specific ADA sections alleged to have been violated, (3) whether a request for assistance in removing an architectural barrier was made, and (4) whether the barrier was permanent or temporary. That means, that under H. R. 620, the responsibility for compliance with the ADA is no longer the responsibility of the business but the obligation of the individual with a disability.

Background: H. R. 620, The ADA Education and Reform Act, prohibits civil actions based on the failure to remove an architectural barrier to an existing public accommodation unless: (1) the individual with a disability who experienced the lack of access has provided the owners written notice sufficiently specific to identify the barrier, and (2) the owners fail to provide the person with a disability a written description outlining actions that will be made to remove the barrier. The process may take as long as six months during which time, people with disabilities are denied access.

The bill’s sponsor, Representative Poe, argues that H. R. 620 gives businesses a fair chance to do the right thing before facing costly litigation. The bill requires the Disability Rights Section of the Department of Justice to develop a program to educate state and local governments and property owners on strategies for promoting access to public accommodations for persons with disabilities.

This requirement suggests that businesses have not had access to technical assistance in the past. Under current law, The ADA requires the Department of Justice (DOJ) to provide technical assistance to businesses, State and local governments and individuals. For nearly three decades, DOJ has provided education and technical assistance to encourage voluntary compliance with the ADA. Activities have included providing direct technical assistance and guidance to the public through DOJ’s ADA Website and its ADA Information Line, developing and disseminating technical assistance materials to the public and through numerous outreach initiatives.

For more information, please contact:

Fredric K. Schroeder, Executive Director

National Rehabilitation Association

(703) 836-0850 ext. 303