ADA改革

1990年签署成为法律, the Americans with Disabilities Act (ADA) marked a critical step in the fight to end discrimination faced by disabled individuals in employment, 运输, 公共设施, 通信, 以及公共生活的其他方面. NAIOP is vehemently opposed to any action or policy which denies rights to people with disabilities and therefore supports the mission and objectives of the ADA.

不幸的是, a loophole in the ADA’s original language has given rise to so-called “drive-by” lawsuits, which allow unscrupulous plaintiffs to extract cash payments from businesses by threatening frivolous legal action. 

问题

的 term “drive-by” lawsuit comes from the practice of seeking out and alleging minor ADA violations in local businesses. 的se can range from the maximum thickness of carpeting to the angle at which water comes out of a drinking fountain. Lawyers filing these claims generally rely on a business owner’s reluctance to invest the time and money necessary to fight them, 即使索赔一开始就毫无根据. Plaintiffs will typically issue a demand letter or otherwise threaten property owners with a lawsuit unless they pay a settlement. A 2016 60分钟 report even uncovered evidence of individuals using aerial imagery from Google Maps to spot alleged violations, 而不是亲自去看房子.  

的se lawsuits are not in keeping with the spirit or the letter of the ADA. Even more pernicious is the fact that they serve only to enrich the attorneys involved, 而不是补救. 不幸的是, 该方案已被证明是成功的, and the number of Title III ADA lawsuits – those dealing with 公共设施s – 在过去5年里直线上升以牺牲当地企业和业主的利益为代价. 

位置

自成立以来已经超过25年, the ADA has generally been effective in providing access for people with disabilities. 然而, a targeted fix is needed to stem the flow of “drive-by” lawsuits that prioritize monetary judgements over actual fixes to the problems themselves.

NAIOP believes in commonsense enforcement of the ADA that strengthens the original intent of the law while focusing private property owner resources on fixing violations, 而不是为小的技术违规支付律师费. H.R. 620 takes a measured approach by allowing property owners to fix any alleged violations, while also keeping in place penalties for businesses which continue to violate ADA statutes. 的 bill would give property owners a reasonable but finite amount of time to remedy any alleged ADA infractions.

  • 教育和改革法案(H.R. 620) 是由rep. 泰德坡(则, 斯科特·彼得斯(加利福尼亚州), 肯·卡尔弗特(R-CA), 杰基斯拜耳(加利福尼亚州), 迈克尔·科纳威(德州共和党)和阿米·贝拉(加州民主党). 

状态

H.R. 620, 《澳门赌场网址多少》教育和改革法案, passed the House of Representatives in 2017 but was not taken up by the Senate. NAIOP is working with a broad coalition of organizations and lawmakers to reintroduce legislation for the 116th session of Congress.

谈话要点

  • 的 passage of the Americans with Disabilities Act of 1990 was a seminal moment in history, 其使命和核心目标得到了NAIOP的全力支持.
  • 不幸的是, 一小部分不法分子利用了法律的漏洞, at the expense of businesses and property owners across the country.
  • 2017年美国残疾人法教育和改革法, 支持NAIOP, would ensure that the intent of Title III of the ADA is both preserved and enhanced. 这项两党立法是经过严格裁剪的, and would provide improved public access for disabled Americans while preventing the spread of “drive-by” lawsuits, which are aimed at extracting cash payments rather than fixing ADA violations.
  • 违反《澳门赌场网址多少》的案件最近剧增. 的 year 2016 saw a massive 37 percent increase in Title III ADA lawsuits over 2015. Furthermore, these cases are being filed by a disproportionately small subset of the legal community. 例如, the number of cases in Utah spiked from only one in 2015 to 124 in 2016, due almost entirely to a single attorney who was behind 105 of those lawsuits.
  • Businesses and property owners facing these suits often lack the resources necessary to contest them, 或者甚至首先核实投诉的可信度. Thus they are effectively strong-armed into agreeing to monetary settlements, 为了避免一场昂贵耗时的官司.
  • 《澳门赌场网址多少》的最终目标是改善残疾人的无障碍环境, 而不是为了让一小撮不择手段的律师发财. H.R. 620 represented a commonsense approach that would realign these priorities by allowing businesses to identify and correct alleged ADA violations. Whereas current law incentivizes quick settlements and payment of legal fees, this legislation would instead place appropriate emphasis on compliance with the ADA and its mission to improve access for disabled individuals.
  • NAIOP is working with a broad coalition of organizations and lawmakers to reintroduce legislation for 2019.

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