On July 7, the House Judiciary Committee held a markup of the ADA Education and Reform Act of 2015 (H.R. 3765). The bill would permit a notice and cure period prior to private civil action under the Americans with Disabilities Act (ADA). For example, if a person with a disability was unable to access a business due to a failure of the business to comply with ADA accessibility requirements, the bill would allow for the business to be put on notice of the violation and have an opportunity to cure it before being subjected to private litigation to enforce the ADA. Disability rights organizations, including many members of the Consortium for Citizens with Disabilities of which ANCOR is a member, see this as a serious and unnecessary undermining of the rights codified by the ADA. The ADA was signed into law more than two decades ago, and as such obligations under the ADA regarding accessibility have been well-established. Advocates that are opposed to this bill note that it would place an undue burden on people with disabilities to have to wait to enforce their rights if a business is operating out of compliance with what is now settled law.
A letter sent by the CCD Rights Task Force as well as written testimony submitted to the Judiciary committee are attached.