House adopts Denham amendment as part of approved ADA reform bill

U.S. Rep. Jeff Denham’s (R-CA) amendment to help business owners comply with the Americans with Disabilities Act (ADA) of 1990 was included in the ADA Education and Reform Act of 2017, passed by the U.S. House of Representatives on Feb. 15.

Specifically, Denham’s H.R. 620 amendment would require that the U.S. Department of Justice’s (DOJ) Disability Rights Section make ADA compliance publications available in multiple languages. This would allow minority and immigrant U.S. business owners who don’t speak English as a primary or first language to remain compliant with the law and avoid expensive and unnecessary lawsuits, according to Denham’s office.

“If you want businesses to comply with the law, you have to give them the opportunity to comply,” said Rep. Denham, whose staff noted that in the congressman’s home state of California, 75 percent of ADA lawsuits target immigrant and minority business owners who are unfamiliar with the law’s prohibitions for discrimination against persons with disabilities in employment, education, transportation, and public accommodations.

H.R. 620, introduced by U.S. Rep. Ted Poe (R-TX) on Jan. 24, 2017, which gained 108 cosponsors, is intended to prevent such frivolous “drive-by” ADA-compliance lawsuits against businesses while fulfilling the ADA’s original intent, according to Denham’s office. The measure now heads to the Senate for its consideration.

On the floor of the House prior to the vote on the bill, Denham pointed to the example of a constituent whose small business he visited. The woman’s first language was Spanish, and she had been sued for ADA noncompliance. “She was more than happy to fix any ADA compliance issue,” Denham said. “She wanted to fix things for her customers and fix things for those that are coming in with disabilities. We need to give her the opportunity to do that.”

U.S. Rep. Ken Calvert (R-CA), one of five original cosponsors of H.R. 620 who has championed congressional efforts on ADA reform, reiterated that the goal of the ADA “is to provide access for the disabled, not to give money-hungry trial lawyers the opportunity to abuse small businesses.”

Among other provisions, H.R. 620 also would prohibit civil lawsuits against property owners or operators for failing to remove an architectural barrier that impacts building access. The owner or operator would have 60 days to give notice to an aggrieved party of intent to remove the barrier. The owner or operator then would have 120 days to remove the barrier and make access possible. A lawsuit could proceed if either of those conditions were not met.

“By giving business owners adequate time to make the appropriate changes to provide access, we are returning the original spirit and intent of the ADA,” said Calvert.