Sponsor: Congressman Mark Foley (Florida)

Cosponsors: 48 (Including New Jersey Congressman Jim Saxton)

Summary: The bill proposes to amend Title III of the Americans with Disabilities Act of 1990 (ADA) to add a precondition to filing a civil lawsuit to enforce the ADA. The legislation would require parties who want to file a lawsuit against a place of public accommodation or a commercial facility to first provide the place or facility with notice of the alleged noncompliance and an opportunity to correct it.

Comments: This bill threatens to weaken the protections of the ADA by creating a barrier to legal enforcement of accessibility standards. The legislation is widely opposed by national advocacy groups including the National Association of Protection and Advocacy Systems. According to ADA Watch, "Despite the fact that the ADA is more than a decade old and that many millions of dollars have been spent to educate businesses of their ADA responsibilities, supporters [of this legislation] seek to delay and complicate the enforcement process. The disability community is united against this proposed legislation which will discourage voluntary compliance with the ADA and allow offenders to simply wait until they are caught before initiating needed accessibility modifications."

Current Status: House Judiciary Subcommittee on the Constitution

Summary of Legislative Activity:
2/12/03 Introduced