Congress is considering a “notice and cure” bill that would amend the Americans with Disabilities Act (ADA).
This bill, H.R. 8396, would require people with disabilities to notify businesses of ADA violations in writing and give businesses 60 days to provide a written plan for addressing the violation, followed by another 60 days to fix the issue or make substantial progress toward fixing it. This 120-day period would make it significantly more difficult 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 120 days to gain access.
This bill would restrict individuals’ right to sue for violations of ADA Title III related to architectural and technological barriers unless they first provide the business with a specific, detailed notice of the barrier and allow at least 120 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 notice, resulting in greater inaccessibility. ACB urges Congress to oppose this bill, which would reduce accessibility and weaken enforcement of the ADA.