ADA Legislation Introduced in the U.S. Senate
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Last week, Senators Jeff Flake (R-Ariz.) and Roger Wicker (R-Miss.) introduced legislation in the U.S. Senate that would amend the Americans with Disabilities Act (ADA) to curb the practice of "drive-by" lawsuits. S. 3446, or "The ADA Education and Reform Act," provides a "notice and cure" provision that allows building owners 120 days to correct identified ADA violations before the commencement of litigation. The bill safeguards the intent of the ADA, which is to foster an accessible environment for individuals with disabilities, while also protecting building owners from facing costly litigation over easily correctable violations. The bill is identical to H.R. 3765, which was introduced in the U.S. House of Representatives and passed out of the House Judiciary Committee in July.
BOMA International supports this legislation and appreciates the hard work of Sen. Flake and Sen. Wicker. If you have been negatively affected by a "drive-by" lawsuit, please contact BOMA International’s Manager of Advocacy, Dylan Isenberg, at disenberg@boma.org. Your story may help BOMA’s efforts on Capitol Hill.
