Chamber Supports Business Relief from Disability Access Lawsuits

New Chamber-supported legislation would allow businesses to correct special access violations before heading to court.

Responding to concerns from the local business community, the Chamber supported legislation by Senator Bob Dutton that would provide businesses an opportunity to correct violations of noncompliance with the Americans with Disabilities Act before falling victim to frivolous and predatory litigation.

Businesses large and small across the state are reporting instances of receiving letters from attorneys representing disabled clients that are threatening to file litigation for alleged noncompliance violations to provide disability access. These letters often immediately demand payment to settle the dispute, without any follow-up concern for correcting the violation or whether there was even a violation. Furthermore, they require the business to sign a non-disclosure agreement to stop them from warning other establishments from being similarly victimized. Many of these small businesses are making tough decisions to stay afloat and this practice immediately and sometimes irrecoverably impacts their bottom line and their ability to stay in business.

This bill would establish notice requirements for an alleged aggrieved party to follow before bringing a lawsuit against a business for failing to provide disability access. The bill would also allow the business to respond within 30 days with a plan to fix the violation or with a rebuttal to the allegations. If the business elects to fix the alleged violation, the bill would provide 90 days for the completion for the improvements.

While the Chamber understands the necessity for equal access and appropriate accommodation for those with a disability, this practice demonstrates that in trying to protect one vulnerable party, another has unnecessarily become imperiled. Whether it is greater clarification or informational resources on disability access or a notification process to allow businesses to correct violations before being subject to litigation, the Chamber believes that a bipartisan solution is critical to protect well-intentioned businesses from falling victim to predatory actions.