Timing is everything. At our September General Meeting, Coleen Spratt discussed this topic and here is an update:
Last week, Senators Jeff Flake
(R-Ariz.) and Roger Wicker (R-Miss.) introduced legislation in the U.S. Senate
that would amend the Americans with Disabilities Act (ADA) to curb the practice
of "drive-by” lawsuits. S. 3446, or "The ADA Education and Reform Act,”
provides a "notice and cure” provision that allows building owners 120 days to
correct identified ADA violations before the commencement of litigation. The
bill safeguards the intent of the ADA, which is to foster an accessible environment
for individuals with disabilities, while also protecting building owners from
facing costly litigation over easily correctable violations. The bill is
identical to H.R. 3765, which was introduced in the U.S. House of
Representatives and passed out of the House Judiciary Committee in July.
BOMA International supports this legislation and
appreciates the hard work of Sen. Flake and Sen. Wicker. If you have been
negatively affected by a "drive-by” lawsuit, please contact BOMA
International’s Manager of Advocacy, Dylan Isenberg, at disenberg@boma.org. Your story may help BOMA’s efforts on Capitol Hill.
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