CALIFORNIA LEGISLATURE—
2013–2014 REGULAR SESSION
House Resolution
No. 54
Introduced by Assembly Member Olsen
|
August 06, 2014 |
Relative to the Americans with Disabilities Act.
LEGISLATIVE COUNSEL'S DIGEST
HR 54, as introduced, Olsen.
Digest Key
WHEREAS, Even though the Americans with Disabilities Act (ADA) has been implemented nationally, California is among the top states for ADA lawsuits; and
WHEREAS, Congressional House Resolution 994, authored by Representative Ken Calvert, known as the ACCESS Act of 2013, would alleviate the financial burden small businesses are facing by those lawsuits, while still fulfilling the purposes of the ADA; and
WHEREAS, HR 994 would require an owner or operator of a business to provide the party alleging a violation of the ADA, within 60 days, a description outlining improvements that would be made to address the barrier; and
WHEREAS, Under HR 994, the owner or operator would then have 120 days to remove the infraction and failure to meet any of these conditions would allow the suit to go forward; and
WHEREAS, The goal of the HR 994 is to maintain the intent of ADA in providing access for the disabled and to stop the abuse that is providing trial lawyers with access to the wallets of small business owners; and
WHEREAS, Federal ADA-related lawsuits do not give business owners an opportunity to remedy any ADA-related shortcomings before a lawsuit is allowed to proceed; and
WHEREAS, Reforms, including offering small businesses an opportunity to make accessibility improvements before a lawsuit can move forward, are needed to protect small business owners from predatory lawsuits brought under the ADA, while continuing to provide access for the disabled in accordance with the ADA; now, therefore, be it
Resolved by the Assembly of the State of California, That the Assembly urges the United States Congress to pass HR 994, the ACCESS Act of 2013, to restore the original intent of the ADA, increase access for Americans with disabilities, and help small businesses comply with the Americans with Disabilities Act (ADA); and be it further
Resolved, That the Chief Clerk of the Assembly transmit copies of this resolution to the President and Vice President of the United States, the Speaker of the House of Representatives, the Majority Leader of the Senate, and each Senator and Representative from California in the Congress of the United States.