By a vote of 225 to 192 on Valentine’s Day, while we were all thinking about presidents and porn stars, the House passed a bill making it harder for disabled persons to sue for discrimination.
The justification for this was to prevent opportunistic, “ambulance chasing” attorneys from taking advantage of business owners by filing frivolous lawsuits just to line their pockets.
But it could also weaken incentives for businesses to comply with the Americans with Disabilities Act of 1990 (ADA) mandates for equal access to public accommodations.
The ADA Education and Reform Act would require that those suing businesses for noncompliance in federal court give that business 60 days to devise a plan to fix the problem with another 120 days to implement the changes.
According to Representative Ted Poe of Texas,
“There is now a whole industry made up of people who prey on small business owners and file unnecessary and abusive lawsuits. This bill will change that by requiring that the business owners have time to fix what is allegedly broken.”
But opponents believe that without a fear of being sued, it would be easier for businesses to ignore ADA compliance rules, and that people with disabilities who have already been mistreated will now have the added responsibility of making sure businesses are compliant with the law.
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“Instead of expecting businesses to own the responsibility of complying with civil rights laws, it shifts the burden to the individual who is being denied access. This scheme removes the business’s incentive to proactively ensure that it is accessible to people with disabilities. Instead, businesses will simply wait until someone’s right to access is violated and notification is received before making the change they were already obligated to make.”
Why put in that wheel chair ramp until someone sues you?
In the meantime you can avoid the unsightly thing, hoping lack of access will also spare you from having to deal with people who might make you uncomfortable because they might just move on by and go elsewhere, and if someone does file a complaint you have plenty of time.
Sometimes those ramps just ruin the lines of you building.
Besides the ACLU, groups like the National Bar Association, the Paralyzed Veterans of America, and the NAACP have also objected.
The thing is states have laws against frivolous law suits already, and ethics rules bar attorneys from bringing them, so rather than going after the ambulance chasers, congress has decided to put an added burden on those who have disabilities while giving businesses the opportunity to ignore the law betting the lack of access will keep “those” people out of their place of business, while also betting that no one will take the time to complain.