On the recordFebruary 15, 2018
I must oppose this amendment because it would completely gut the notice and cure provisions, which are the core provisions of this bill. The need for a notice and cure period has been highlighted in congressional hearings since the early 2000s. In 2016, David Weiss, who testified on behalf of the International Council of Shopping Centers, stated: The problem that the private sector faces is an increasing number of lawsuits typically brought by a few plaintiffs in various jurisdictions and often by the same lawyers for very technical and usually minor violations. It has become all too common for property owners to settle these cases, as it is less expensive to settle them than to defend them, even if the property owner is compliant. It is often too costly to prove that a property owner is doing what is right or required. Therefore, the property owner makes a rational business decision commonly resulting in settlement. Mr. Chairman, given that plaintiffs' attorneys' motives are often monetary, there is little or no incentive to work with businesses to cure a violation before a lawsuit is filed. This unintended result wastes resources on the cost of litigation that could have been used to improve access sooner. This delays justice. H.R. 620 remedies these problems by allowing businesses a finite period of time, before a private enforcement lawsuit can be filed, to fix defects on their premises once they are notified that these premises do not comply with the ADA.…





