By:  Alisa N. Carr, Esq.

On July 7, 2016, the House Judiciary Committee voted to advance the ADA Education and Reform Act of 2015 (H.R. 3765) further along in the legislative process. Introduced in the House in October 2015 by Rep. Ted Poe of Texas, and co-sponsored by 54 bi-partisan legislators from 22 additional states, the bill would provide for a notice and cure period before a plaintiff could commence a private ADA Title III civil action.

Specifically, the bill would prohibit commencement of a private lawsuit against a public accommodation based on the failure to remove an architectural barrier to access unless (1) the aggrieved person has provided to the owners or operators a written notice specific enough to identify the barrier, and (2) the owners or operators fail to provide the person with a written description outlining improvements that will be made to improve the barrier or they fail to remove the barrier or make substantial progress after providing such a description.

Following the publication of a Conference Report, the bill will be calendared in the House for debate, and possible amendment.

A complete copy of the bill can be found here.

If you have any questions regarding ADA Title III litigation, accessibility issues for public accommodations, or ADA Title III reform legislation, contact Alisa N. Carr. Alisa is a Partner in Leech Tishman’s Litigation Practice Group and is based in the Pittsburgh office. Alisa can be reached at 412.261.1600 or acarr@leechtishman.com.

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