Justice For All

October 12, 2000

jfa@jfanow.org 

Immediate Action Required: ADA Notification Act Introduced in Senate!

Jim Ward, Jim@napas.org , writes:

While the disability community is fighting ADA challenges facing the Supreme Court, the legislation we previously managed to quell in the House has resurfaced in the U.S. Senate. Senator Tim Hutchinson (R-Arkansas) has introduced S. 3122 (see below), the Senate version of the ADA Notification Act first introduced by Rep. Mark Foley (R-Florida-16th District). The bill has been referred to the Committee on Health, Education, Labor, and Pensions which is chaired by Senator  James Jeffords (R-Vermont).

Contact information for the H.E.L.P. Committee can be found at: http://www.senate.gov/committees/committee_detail.cfm?COMMITTEE_ID=490 

As before, please contact Chairman Jeffords, committee members, and your own congressional delegation and ask them to speak out against S.3122. Also be sure to contact Senator Hutchinson's office at (202) 224-2353. We are very concerned, not only that this legislation will weaken the ADA, but that once it is "opened up," all sorts of weakening amendments may be added. Please act today on this important issue!  

ADA Notification Act (Introduced in the Senate)
S 3122 IS

106th CONGRESS
2d Session
S. 3122
To amend title III of the Americans with Disabilities Act of 1990 to require, as a precondition to commencing a civil action with respect to a place of public accommodation or a commercial facility, that an opportunity be provided to correct alleged violations.

IN THE SENATE OF THE UNITED STATES
September 27 (legislative day, SEPTEMBER 22), 2000
Mr. HUTCHINSON introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

--

A BILL
To amend title III of the Americans with Disabilities Act of 1990 to require, as a precondition to commencing a civil action with respect to a place of public accommodation or a commercial facility, that an opportunity be provided to correct alleged violations.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `ADA Notification Act'.
SEC. 2. AMERICANS WITH DISABILITIES ACT OF 1990; AMENDMENT TO PROVIDE OPPORTUNITY TO CORRECT ALLEGED VIOLATIONS AS PRECONDITION TO CIVIL ACTIONS REGARDING PUBLIC ACCOMMODATIONS AND COMMERCIAL FACILITIES.
Section 308(a)(1) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12188(a)(1)) is amended--
(1) by striking `(1) AVAILABILITY' and all that follows through `The remedies and procedures set forth' and inserting the following:
`(1) AVAILABILITY OF REMEDIES AND PROCEDURES-
`(A) IN GENERAL- Subject to subparagraphs (B) and (C), the remedies and procedures set forth';
(2) in subparagraph (A) (as designated by paragraph (1) of this section), by striking the second sentence; and
(3) by adding at the end the following subparagraphs:
`(B) OPPORTUNITY FOR CORRECTION OF ALLEGED VIOLATION- A court does not have jurisdiction in a civil action filed under subparagraph (A) with the court unless--
`(i) before filing the complaint, the plaintiff provided to the defendant notice of the alleged violation, and the notice was provided by registered mail or in person;
`(ii) the notice identified the specific facts that constitute the alleged violation, including identification of the location at which the violation occurred and the date on which the violation occurred;
`(iii) 90 or more days has elapsed after the date on which the notice was so provided;
`(iv) the notice informed the defendant that the civil action could not be commenced until the expiration of such 90-day 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.
`(C) CERTAIN CONSEQUENCES OF FAILURE TO PROVIDE OPPORTUNITY FOR CORRECTION-
With respect to a civil action that does not meet the criteria under subparagraph (B) to provide jurisdiction to the court involved, the following applies:
`(i) The court shall impose an appropriate sanction upon the attorneys involved (and notwithstanding the lack of jurisdiction to proceed with the action, the court has jurisdiction to impose and enforce the sanction).
`(ii) If the criteria are subsequently met and the civil action proceeds, the court may not under section 505 allow the plaintiff any attorneys' fees (including litigation expenses) or costs.'.

For more info:
Jim Ward
Jim@napas.org 

--
Fred Fay
Chair, Justice For All
jfa@jfanow.org
http://www.jfanow.org

Getting Out the Disability Vote: http://nod.org/vote2000/vote2000.html 
Register to Vote Online at: http://www.fec.gov/votregis/vr.htm 
For Your States's Election Resources: http://www.iupui.edu/~epackard/eleclink.html 
Project Vote Smart: http://www.vote-smart.org/ 

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