NATSO joined a group of business and trade associations representing a broad cross section of the U.S. economy in supporting the “ADA Education and Reform Act of 2015,” H.R. 3765, which would rein in the number of frivolous lawsuits filed against businesses under the Americans With Disabilities Act (ADA).
Introduced by Rep. Ted Poe (R-Texas), the bipartisan H.R. 3765 would amend Title III of the ADA to include a “notice and cure” provision that would allow a business to identify and correct alleged ADA violations before engaging in a lengthy and costly settlement process.
The ADA establishes design requirements for the construction or alteration of public facilities, including travel plazas and truckstops. NATSO members have significant exposure under the ADA's design requirements simply because truckstops and travel plazas are easy targets for plaintiffs -- potential violations can be spotted without even exiting a vehicle.
Amending the ADA would allow businesses to provide improved access to public accommodations for disabled Americans while preventing business owners from falling victim to frivolous “drive-by” lawsuits.
In a letter to bill co-sponsor Rep. Rangel (D-N.Y.), the organizations said that between 2013 and 2014 the number of ADA Title III lawsuits, which deal with public accommodations such as restaurants, restaurants and retail stores, surged by more than 63 percent. In many cases, a single plaintiff filed dozens, even hundreds of cases, across a geographic area alleging violations under the ADA.
Many businesses are forced to pay significant settlements because they have limited resources to contest the lawsuit or even verify the standing of the complaint.
Signatories included the U.S. Chamber of Commerce, the National Restaurant Association, the American Hotel and Lodging Association, the National Council of Chain Restaurants and the National Federation of Independent Business among others.
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