ADA Compliance for Customer Entry to Stores and Services Act or the ACCESS Act This bill establishes certain procedural requirements in relation to complaints under the Americans with Disabilities Act of 1990 (ADA) regarding access to public accommodations (i.e., businesses and nonprofits that are open to the public, such as stores, restaurants, and hotels). It also requires educational outreach and studies by federal agencies to promote ADA compliance. Specifically, the bill establishes a notice and cure period before a claimant may file a civil action against a public accommodation for failing to remove a barrier to access. Claimants must first provide the owner or operator of the public accommodation with a written notice specific enough to identify the barrier and the circumstances under which access was denied. An owner or operator then has 60 days to respond with a description of forthcoming changes and another 60 days after providing the description to make the changes, or show substantial progress in making the changes, before the claimant may proceed with a civil action. The bill also requires (1) the Department of Justice (DOJ) to develop a program to educate state and local governments and property owners on strategies to promote ADA compliance, (2) the Judicial Conference of the United States to develop a model program to promote alternative dispute resolution to resolve claims, and (3) the DOJ to study whether certain web content accessibility standards and telephone services provide reasonable accommodations under the ADA.
If enacted, HB241 would significantly change the process by which individuals with disabilities can seek remedies under the ADA. The bill stipulates that after giving notice, businesses would have a 60-day period to outline their corrective actions and an additional 60 days to demonstrate substantial progress in addressing the barrier. This approach is anticipated to reduce frivolous lawsuits while encouraging businesses to actively improve accessibility. By promoting educational efforts under the auspices of the Department of Justice, the bill seeks to foster a culture of proactive compliance among property owners.
House Bill 241, known as the ADA Compliance for Customer Entry to Stores and Services Act or the ACCESS Act, is designed to amend the Americans with Disabilities Act (ADA) of 1990. The bill aims to facilitate compliance through education and imposes specific procedural requirements regarding complaints related to access barriers in public accommodations. One of the key elements of this bill is the establishment of a notice and cure period, which mandates that individuals seeking to file civil actions must first provide written notice of the identified barrier to the business owner, allowing them time to respond and rectify the issue before legal action is taken.
Despite its potentially positive implications, HB241 has drawn criticism from advocates for disability rights, who argue that it could lead to unnecessary hurdles for individuals attempting to seek justice for accessibility violations. Concerns have been raised about the effectiveness of the notice and cure period, with skeptics suggesting that it may provide businesses with an escape route from accountability. Additionally, the language and requirements surrounding the notice to businesses are contentious points, as they may complicate rather than simplify the process for individuals with disabilities seeking access to public spaces.