Amends the Americans with Disabilities Act of 1990 to impose notice and a compliance opportunity to be provided before commencement of a private civil action.
Referred to the House Committee on the Judiciary and then to the Subcommittee on the Consitution. Subcommittee hearings held on 6/27/12.
Our Position: Oppose
H.R. 3356 forces people with disabilities to wait as long as six months to obtain redress for businesses’ continuing legal violations. People with disabilities would no longer be able to seek immediate injunctive relief to secure access to urgent goods and services. H.R. 3356 also encourages businesses to continue denying access to individuals with disabilities until and unless they receive a notice that someone intends to sue. This penalizes all those who made efforts to ensure accessibility and civil rights protections. In addition, H.R. 3356 puts the burden on the individual with a disability to provide notice with sufficient specificity and to be sure the business receives the notice, which starts the notification period running. A plaintiff often doesn’t know the full nature of the violations until after he/she files suit, as the defendant controls access to the premises. This burden will essentially rest on the person with a disability to ensure any notice period under the legislation begins running.