On the recordFebruary 15, 2018
To respond to the gentleman from Maryland. The technical requirements of title III are constantly changing. We have seen numerous revisions to both regulations and guidance, not to mention the resulting case law that affects its interpretation; therefore, the regulatory requirements of the ADA in 1991 are not the same as those today. There is no better example of these changes than the rise of the internet, which came into its current existence after the ADA was enacted. As people no longer need a physical storefront to have a business, the courts have struggled to apply the ADA's public accommodation requirements. There is, for example, a current circuit split as to whether companies operating exclusively online are subject to these requirements. And with continued advancements in technology, we will continue to see changes to the regulatory requirements. It is perfectly reasonable for small-business owners, many of whom are disabled themselves or of minorities, to have the opportunity to fix a problem before a predatory lawyer simply brings an action for the purpose of recovering--not fixing the problem, but getting money that could have been better spent by that small business fixing the problem. Mr. Chairman, I reserve the balance of my time.
