Rep. Reineke Announces Adoption Of Resolution Urging Congress To Pass ADA Education And Reform Act
HCR 32 advocates Congress to reduce frivolous lawsuits against businesses
April 27, 2016
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Today State Representative Bill Reineke (R-Tiffin) announced that the Ohio House adopted House Concurrent Resolution 32, which urges Congress to pass the ADA Education and Reform Act of 2015, or H.R. 3765.

Currently, businesses receive pre-suit notifications from serial filers with extremely minor and unnoticeable violations of the Americans with Disabilities Act (ADA). These letters are intended to threaten businesses into settling for large sums of money. H.R. 3765 would close loopholes in the ADA that allow for this current practice.

“These predatory practices exploit both the businesses working to accommodate disabled individuals and the original intent of the Americans with Disabilities Act,” Rep. Reineke said. “It is time Congress takes action to protect businesses from frivolous lawsuits that really have nothing to do with our friends and neighbors who live with disabilities.”

The ADA Education and Reform Acts prohibits plaintiffs from sending pre-suit notifications to businesses they allege have violated ADA public accommodation requirements if the notification does not specify how the individual was denied access. In addition, the legislation provides for a notice and cure period before a civil action can be pursued against the businesses. In order to prevent frivolous lawsuits from being filed, the bill also requires that the Judicial Conference of the United States develops a model alternative dispute mechanism in which claims can be resolved.

HCR 32 was sponsored by State Representative Robert McColley (R-Napoleon). The resolution now goes to the Ohio Senate for their consideration.

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