U.S. Rep. Ken Calvert (R-CA) recently testified before a subcommittee about the need to protect small business from lawsuits stemming from the Americans with Disabilities Act (ADA).
Calvert spoke in favor of his ADA Compliance for Customer Entry to Stores and Services (ACCESS) Act, H.R. 241, during a hearing convened by the House Judiciary Committee Subcommittee on Constitution and Civil Justice.
“The ADA is an incredibly important law for disabled Americans, and Congress needs to act to ensure it continues to benefit the disabled rather than trial lawyers,” Calvert said. “Far too many small businesses in California and around the country are being targeted by lawyers who are more concerned with lining their pockets than actually improving access for the disabled. My bill, the ACCESS Act, makes a common sense reform that will actually improve access for the disabled while protecting American job creators.”
Under the ACCESS Act, anyone affected by a violation of the ADA would serve the business owner with a written notice of the violation. The owner would then be required to outline improvements within 60 days and to remove the infraction within 120 days.
“I think we can all agree that we must ensure that individuals with disabilities are afforded the same access and opportunities as those without disabilities,” Calvert said. “Frivolous lawsuits do not accomplish this goal. Allowing small business owners and cities alike to fix ADA violations within 120 days, rather than waiting for lengthy legal battles to play out, is a more thoughtful, timely and reasonable approach.”
Since 2005, more than 10,000 federal ADA lawsuits have been filed in the five states with the highest populations of disabled individuals, Calvert added.