On the recordFebruary 15, 2018
Private enforcement of title III of the Americans with Disabilities Act is a critical tool for disabled individuals to gain access to places like restaurants and shopping centers. Most businessowners, however, feel blindsided when they are sued for violations they were unaware of. This has been the case even for disabled businessowners who have testified before the House Judiciary Committee. Lee Ky testified in 2016. She runs one of her family's doughnut shops that was sued for technical violations of the ADA because a restroom sign was in the shape of a triangle instead of a square. A person who has never walked in her life, Ky testified that she is proud of this Nation's effort to improve accessibility by enacting the ADA, but she thinks that businesses should be given an opportunity to remove barriers before getting sued. Donna and David Batelaan have also testified. They were co-owners of a store that sold accessibility devices in Florida. Despite employing two people who used wheelchairs, despite themselves using wheelchairs, and despite the fact that virtually their entire clientele was composed of customers who had mobility limitations, they were sued because they had not painted lines and posted a sign for a ``handicapped'' spot required by the ADA. Indeed, according to their testimony, it was later found that they had been just one of many businesses targeted by an unscrupulous, out- of-state attorney.…





