urbancripple:
This legal turd comes from the lovely state of Florida, home of boiled peanuts and racism. Before we begin, I want to clearly state that I AM NOT A LAWYER and nothing in this post should be construed as anything more than my snarky, cynical, possible ill-informed opinion regarding this piece of legislation.
The purpose of the bill is stated as:
To amend title III of the Americans with Disabilities Act of 1990 to require a plaintiff to provide a defendant with an opportunity to correct a violation of such title voluntarily before the plaintiff may commence a civil action, and for other purposes.
According to ADA.gov, Title III of the Americans with Disabilities Act of 1990 (colloquially known as “The ADA”):
…prohibits discrimination on the basis of disability in the activities of places of public accommodations (businesses that are generally open to the public and that fall into one of 12 categories listed in the ADA, such as restaurants, movie theaters, schools, day care facilities, recreation facilities, and doctors’ offices) and requires newly constructed or altered places of public accommodation—as well as commercial facilities (privately owned, nonresidential facilities such as factories, warehouses, or office buildings)—to comply with the ADA Standards.
H.R. 3571 seeks to change the ADA by giving entities that violate Title III an:
(3) Opportunity to correct alleged violation
(A)
In general
A State or Federal court shall not have jurisdiction in a civil action that a plaintiff commences under paragraph (1), or under a State law that conditions a violation of any of its provisions on a violation of this title, unless—
(i)
before filing a complaint alleging a violation of this title or such a State law, the plaintiff provides the defendant with a written notice of the alleged violation by registered mail;
(ii)
the written notice identifies the facts that constitute the alleged violation, including the location where and the date on which the alleged violation occurred;
(iii)
a remedial period of 120 days elapses after the date on which the plaintiff provides the written notice;
(iv)
the written notice informs the defendant that the plaintiff is barred from filing the complaint until the end of the remedial period; and
(v)
the complaint states that, as of the date on which the complaint is filed, the defendant has not corrected the alleged violation.
(B)
Extension of remedial period
The court may extend the remedial period by not more than 30 days if the defendant applies for such an extension.
TL;DR: If a person or business violates Title III of the ADA, they have to be notified of the violation in writing via registered mail and then have up to 150 days (120 days plus a possible 30 day extension) to correct the violation before they are open to any kind of civil action (i.e., a lawsuit) can take place.
Now, when I first read this, I was thinking to myself: Hmmm. This seems odd but not terribly insidious.
Luckily Gregg Beratan was there to remind me that the ADA is, in fact, a civil rights law and that we don’t give people and companies who violate other civil rights laws 150 days to get their act together before we sue the ever-loving fuck out of them. The ADA has been in place for 27 years. People and businesses have had plenty of time to comply with the law.
Imagine the following exchanges:
Government Official: We hear your restaurant is not accessible to people with disabilities.
Restaurant Owner: You caught us. We need six months to comply. It takes time to add ramps and grab-bars
—
Government Official: We hear your restaurant is refusing to serve people of color.
Restaurant Owner: You caught us. We need six months to comply. It takes time to start seeing people of color as…well….people.
Starting to see my point? The ADA has been reasonable enough for nearly three decades. If companies can’t be bothered to comply with the law, they shouldn’t bother to do business at all.
I’m a blind lawyer. I’d like to expand on this issue.
My favorite quote:
“If companies can’t be bothered to comply with the law, they shouldn’t bother to do business at all.”
If you guys really want to see me rage, ask me about this proposed bill.
The only reason that businesses are pissed about these violations is because they have never heard of or thought of the ADA. The reason they have never heard of the ADA is because they are bad business owners. Anyone who cares about running a business well looks into the legal requirements for starting a business, including things like health codes, fire codes, and public accommodations statutes such as the ADA.
Imagine a business violating the health code by having roaches crawl all over the counters in the kitchen as they prepare your food. The health department shuts down their restaurant and the business owner says, “But I didn’t know I wasn’t allowed to have a bug-infested kitchen.” The health department will probably laugh at them and say too bad, ignorance of the law is no excuse.
“But,” you sputter, “having a bug-infested kitchen is not the same as violating the ADA!”
Yes it is.
By refusing to comply, owners create a dangerous condition for a large portion of the population. A huge number of Americans are older and have disabilities that relate to age. Any business owner can expect to members of the public who are disabled, whether they are older or not.
The reason there are so many ADA lawsuits right now over public access isn’t because the lawsuits are frivolous, it’s because there are a lot of disabled people in this country who want to go out and live their lives just like anyone else.
As @urbancripple pointed out, the ADA is a civil rights statute. Disabled people have a right to enter public spaces without endangering themselves. The reason I bring up that point is because businesses, before the ADA, could legally force people with disabilities to leave for simply looking disabled. If customers didn’t want to look at a person with a visible disability while they ate dinner, these customers could (and did!) ask business owners to kick out the disabled person. And the business owner would do it!!
I personally know Deaf people who have been kicked out of public businesses for publicly using sign language. Yes, their native language. Recently, Starbucks in New York got into trouble for trying to force a group of Deaf people to leave its business for buying coffee, hanging out while drinking the coffee, and using sign language to speak to each other while doing so. I guess having more than a few Deaf people in the business at once scared the able-bodied people or something. /s
I have had businesses try to kick me out SO MANY TIMES because I have a guide dog. From your average Chinese Buffet to “trendy” restaurants that serve vegan global street food in the capital city of my damn state. I’ve also tried to find the bathroom in these “trendy” restaurants, only to realize that there are no braille labels for the bathrooms, even though I’m in a brand new building and the labels themselves cost hardly anything. I have complained about this to business managers before, often in the nicest terms possible, even offering to bring my own braille label maker and make a sign for them FOR FREE, only to be met with hostility and defensiveness.
I have done the EXACT THING that this bill is suggesting–giving people notice and time to correct the issue–and the business owners just get angry and never fix the problem. The people who run these places aren’t mad because they didn’t have notice of violating the law before being sued, they’re mad because they don’t care about allowing access for all people and resent the fact that you want them to care.
Also, if you’re in an older building that hasn’t been renovated, the business owner can’t be sued for ADA violations. There is already an exception that prevents it. This exception was part of the original text of the law.
And if you’re in a new building but you chose not to follow laws, then you are doing so at your own risk. In that case, it is your own fault that you are being sued. The disabled person isn’t being unreasonable by suing you because it’s not our responsibility to explain every law of this country to business owners.
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