Save the ADA! Oppose H.R. 620

Or Any Bill That Adds “NOTICE and CURE”*

A section of the H.R. 620 bill with a red X over it.
* “Notice and cure” requires the disabled person to notify a business before filing a lawsuit. Often, it includes a waiting period for business to fix the problem. This may seem harmless, but it’s actually disastrous: it removes any incentive for businesses to provide access on their own. Instead, most will take a “wait and see” attitude, doing nothing until they receive notice. The ADA’s benefits will be grossly reduced, and America will again be a place where obstacles abound for people with disabilities.

See extensive resources & links below to assist people fighting this draconian, misguided, damaging bill!

H.R. 620, the inaptly named “ADA Education And Reform Act Of 2017,” would weaken the Americans with Disabilities Act (ADA), a critical source of rights for people with disabilities to architectural access in public accommodations—that is, businesses such as stores, restaurants, hotels, etc.

H.R. 620:

  1. Removes any incentive for voluntary compliance.
  2. Rewards non-compliance by allowing businesses generous additional timelines, even though the ADA’s very reasonable requirements are already over 25 years old! The ADA is already carefully crafted to take the needs of business into account.
  3. Pretends that money damages requested from businesses are part of the ADA. Actually, this part of the ADA doesn’t even allow money damages, so changing the federal ADA will not affect any state law money damage provisions; 
  4. Ignores the extensive, free educational resources already available today to any business on how to comply with the ADA. 
  5. Ignores the effective & extensive methods already available to courts and state bar associations to deal with a very few frivolous lawsuits or unscrupulous attorneys. We should use those existing legal mechanisms when needed, rather than deny the civil rights established by the ADA that aid people with disabilities every day. 
  6. Look behind the media myths: The vast majority of ADA attorneys and plaintiffs are seeking solutions to fix real denials of access. But the business community has pushed the media to portray “a few bad apples” as a landslide.

Resources against H.R. 620—feel free to use them:

  1. Talking Points Against H.R. 620
  2. 43 Senators Tell the GOP: ‘Hands Off My ADA!’ in Sign On Letter Penned by Senator Tammy Duckworth
  3. Myths and Truths About the “ADA Education and Reform Act” (H.R. 620)
  4. This Consortium for Citizens with Disabilities (CCD) letter to Senate leaders (PDF) against any bill like H.R. 620 was signed by 464 organizations—national, state, and local.
  5. Distribute and fill out the ADA Barrier to Access Survey, developed by United Spinal Association and Paralyzed Veterans of America.
  6. Department of Justice Civil Rights Division’s comments on H.R. 620
  7. DREDF National Action Alert against H.R. 620, including specific grassroots action steps to take with your member of Congress!
  8. California Action Alert by DREDF on H.R. 620, providing a sample constituent letter against the bill, and urging contacts with misguided Congressional co-sponsors to remove their names and oppose the bill.
  9. This nationwide letter to House Judiciary Committee leaders was signed by more than 200 disability, civil, human rights, and faith based organizations to Congress opposing H.R. 620. The letter was organized by the Consortium of Citizens with Disabilities based in Washington D.C., and is posted on the National Disability Rights Network (NDRN) website.
  10. Regulation of Attorneys Pursuing Disability Access Claims and Litigation. This legal memo explains the effective methods already available to courts and state bar associations to deal with the very few lawyers filing fraudulent or unethical lawsuits. Included are successful examples of courts’ disciplinary actions against such attorneys.
  11. See the Consortium of Citizens with Disabilities (CCD) Resources page
  12. Spread the word about these excellent media stories!:
    1. See National Federation of the Blind (NFB) President Mark A. Riccobono’s opinion article in The Hill the day of the ADA anniversary: Passing the ADA Education and Reform Act would be a step backwards for equality and justice, July 26, 2017.
    2. Civil Rights Enforcement with a Twenty-Seven Year Grace Period, in The Progressive, by Mike Ervin, April 19, 2017.
    3. The Americans With Disabilities Act Is Under Attack in Congress, from Rewire, by Robyn Powell, May 30, 2017.
    4. Consumerist.com, Proposed Law Could Let Businesses Off The Hook
    5. Human Rights Watch, Will the US Weaken its Disability Laws?
  13. See DREDF alert about the House Judiciary Committee vote on September 7, 2017
  14. 110 California Organizations Call on Representatives to Oppose H.R. 620, the ADA Education and Reform Act.
    1. Letter to California Co-Sponsors of H.R. 620
    2. Letter to All California Members of Congress
  15. Other important letters
    1. DREDF letter to Senator Dianne Feinstein against H.R. 620 and similar bills
    2. Leadership Conference on Civil and Human Rights Letter against H.R. 620
    3. Illinois letter: 55 disability rights, civil rights, and civic organizations in Illinois call on their Representatives to Oppose H.R. 620
    4. Letter against Rep. Terri Sewell cosponsorship of H.R. 620 from Dan Kessler, E.D., Disability Rights & Resources
    5. Letter against Rep. Jackie Speier cosponsorship (DOC) by disability advocate Ben McMullan, Center for Independence:
       

      Our offices have had a … great working relationship … on the anti-bullying bill against people with disabilities. … The bill at hand now does very much the opposite of what we tried to achieve through th[at] bill … six years ago. HR 620 carries out systematic bullying against people with disabilities. In addition to this many staff members of your office have suggested to me that the Congresswoman would back off this piece of legislation. That is why I am so adamant that the Congresswoman … revoke her sponsorship of HR 620… [Emphasis added]

  16. PVA Fact Sheet on H.R. 620
  17. Other grassroots advocacy resources
    1. Postcards against H.R. 620. They are 4″ x 6″, and must be print two-sided and then trimmed. These are addressed to Nancy Pelosi (D, CA), but advocates can fill in their members’ name (twice) & address.
    2. Advocacy handout sheets with phone & Twitter (DOCX). The current sheet lists California targets. Advocates can switch to your own organization’s logo, and your own target House members’ names, phone numbers, and Twitter handles. This info can be found at contactingcongress.org if you have the zip code, or state name, or the member’s name.
  18. See Senators’ and Representatives’ important public statements against H.R. 620:
    1. Sen. Patty Murray (D, WA) Statement on Disability Rights: Misguided, Harmful House Bill
      > Murray: “Immediately reverse course and drop any further attempts to move this bill forward …” <
    2. Sen. Tammy Duckworth (D-IL) Statement on Facebook
      > Duckworth: “the notion that businesses … need more time … is ridiculous and offensive. This vote is a disgrace …” <
    3. Sen. Maggie Hassan released this statement after the House Judiciary Committee advanced H.R. 620, “which would undermine … protections under the Americans with Disabilities Act:”
      > Hassan: “I am deeply troubled …” <
    4. Sen. Bob Casey (D, PA) Statement on House Judiciary’s Decision To Advance Civil Rights Gutting Legislation
    5. Ranking Member Bobby Scott (D, VA), “Statement on Judiciary Committee Passing Bill Attacking Civil Rights for People with Disabilities
    6. Video of Rep. Jim Langevin (D, RI) statement on House Floor

7 thoughts on “Save the ADA! Oppose H.R. 620

  1. Logan Broliath

    The logic to this law is that telling people they’re doing something wrong will get them to fix it. As a man with a service dog in South Florida, here’s what really happens when you explain the law after being denied access. You’re cursed out by ignorant employees who don’t give a damn, the police don’t care either, and you’re fighting uphill battles through every branch of local government. Changing the ADA in this way would only embolden this behavior. Most businesses aren’t up to compliance on this 25 year old law because they’re trying to cut corners and don’t give a damn, not because they’re simply unaware.

    Reply
  2. Nancy Warner

    So the dog tha was trained for the woman with PTSD live on the TODAY SHOW last year was for no reason? Hogwash. So many maladies are invisible… Cancer, Diabetes, heart, seizures, PTSD. It only takes common sense to allow an animal in or not. I never take my Diabetic Alert Dog in food places, serving food or buying food without being in her bag. She is never fed, she is totally quiet and there only to alert of too much sugar by smell.
    TIME MAGAZINE, Animals and Your Health, special issue through 07/29/16, second TIME MAGAZINE, The Animal Mind, special issue through 09/08/17. Best explanatory issues on something politicians wouldnt know about and shouldnt be allowed to make decisions. This is just an issue of Animal Rights Activists involvement in a person’s right because they do not believe in owning animals at all. They are ended all the circuses that have elephants because would rather have them in Africa being killed. I could go on and on with their infiltration by back door offers and unsubstantiated ideals because they are also trying to stop dogs from being bred for dog show, another BILL.

    Reply
      1. Georga

        Animals have everything to do with this bill. HR620 goes into effect and those with service dogs can be denied right of access to businesses. Those with service dogs are already harassed and discriminated against because business owners do not know the law and do not educated their employees on the law.

        Reply
  3. David Kim

    Please keep the ada law. I’m deaf and the need for ADA law is so important especially when so many businesses and schools can be so ignorant to the needs of disability. All they worry about is money but really, they are services to people. It should not be about money, if that what most business are so focused on. Another reason for ADA is because there are so much biases and stigmas. No matter what, when a person takes a look at you and your disability, they remain silent and refuse to either hire you or provide services. If ask why, I often get a different reason like “overly qualified”. This is to education all business and spread awareness to disability needs. Removing ADA will give horrendous room for ignorance.

    Reply

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