Congressman Ted Poe (R-TX-2) has introduced HR 3765, “The ADA Education and Reform Act of 2015” along with Representatives Doug Collins (R-GA) and David Jolly (R-FL).  If signed into law, the measure would create disincentives to filing frivolous ADA lawsuits, requiring specificity in the complaint and a 120 day notice and cure period prior to the commencement of a lawsuit.

This common-sense approach would improve access for the disabled community by actually requiring that a problem be fixed, while protecting the right of a plaintiff to seek legal recourse against a business that refuses to fix a violation.  Over the past five years similar reforms have been passed in California, most recently with a package of bill signed earlier this month by Governor Brown.

This year marks the 25th anniversary of enactment of the Americans with Disabilities Act.  While this landmark legislation has played a major role in making our society more inclusive for all people, an unintended consequence of the law has enabled the practice of “drive-by” vexatious litigation and we are currently working with a broad range of impacted entities both in California and in the Nation’s Capital to course correct where it makes sense.

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