Congress is considering a “notice and cure” bill that would amend the Americans with Disabilities Act (ADA). This bill, H.R. 6453, would provide private businesses with at least 30 days to make their facilities accessible after a person with a disability notifies them of the barrier. This 30-day period would make it much harder for people with disabilities to access these businesses when needed. A patron should not be held responsible for notifying businesses or be forced to wait at least 30 days to gain access.
This bill strips individuals’ right to sue for violations of ADA Title III related to architectural barriers unless they first provide the business with a specific, detailed notice of the barrier and allow at least 30 days to fix the issue. Businesses have had 36 years under the ADA to understand their obligations. With this amendment, businesses have less incentive to ensure accommodations before receiving a notice, resulting in greater inaccessibility. ACB urges Congress to oppose this bill, which would reduce accessibility and weaken enforcement of the ADA.