Our friends at ICSC report that Senators Jeff Flake (R-AZ) and Roger Wicker (R-MS) introduced S. 3446, an identical bill to the House ADA reform proposal H.R. 3765, sponsored by Rep. Ted Poe (R-TX) and 59 others, and have launched a grassroots effort to educate other policymakers.

Our industry supports both the letter and spirit of the ADA and recognizes the tremendous positive impact that the law has had on our society. However, in California, and across the nation, we have seen the law abused.  ICSC and CBPA believe this narrowly focused legislation is needed to deal with “drive by” ADA lawsuits. These suits or the threat of such suits are an unintended consequence of the historic law that does little to promote access and much to enrich certain attorneys.  We have made progress in California, but national legislation is needed.

The legislation protects the ability of individuals with disabilities to file lawsuits and ensures they have full and proper access to businesses open to the public, such as shopping centers, retailers, restaurants, theatres, etc. while restoring the necessary balance to Title III litigation. The legislation contains a “notice and cure” provision that would create a temporary pause in litigation for up to 120 days to allow property owners to correct identified barriers to access.

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