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http://www.aclu.org/DisabilityRights/DisabilityRights.cfm?ID=9962&c=69

Preserve the Rights of the Disabled 
  
 The Americans with Disabilities Act was passed by Congress in 1990
with overwhelming bipartisan support, and signed into law by President
Bush and the evidence of its success is everywhere. Handicap parking
spaces, Braille instructions on ATM's, and ramps built into sidewalks
have all become commonplace fixtures that make an enormous difference
in the lives of persons with disabilities. Yet, despite ample evidence
that the ADA is working, some Members of Congress are trying to place
new roadblocks to justice for people with disabilities. 

A bill called the "ADA Notification Act" (HR 728) was introduced by
Rep Mark Foley (R-FL) to punish individuals for bringing timely
lawsuits to enforce the ADA. Legislation of this nature would punish
individuals who do not first notify a business of an ADA violation and
then wait nearly three months before filing a lawsuit - even if the
business has been breaking the law for years! 

Take Action! Urge your members of Congress to oppose this legislation.

* The ADA has been in effect for 14 years. Businesses that have spent
the past decade breaking the law should not be rewarded. 
Supporters of this bill claim that it would ensure that businesses are
given adequate notice. In reality, the ADA included several safeguards
to ensure that businesses and other public accommodations would have
adequate notice of their obligations and ample time to take steps to
bring themselves into compliance. Businesses have had a full decade to
become ADA compliant, and there is no reason for further delay. 

* There is ample information and training available for businesses to
determine if they are in compliance. 
Each year for the last seven years, the U.S. Justice Department has
notified more than 6 million businesses of their responsibilities
under ADA and how to comply. The Justice Department also runs a
toll-free ADA information line, which receives more than 100,000 calls
a year. Given that materials are prepared for a wide array of business
and specifically for small businesses, there is no reason that a
business cannot determine if they are ADA compliant well before a
lawsuit is filed. 

* Three months is too long for someone who needs an accommodation
today. 
Persons with disabilities should be able to engage in such basic
activities as work, travel and obtaining healthcare without worrying
about which businesses are complying with the ADA and which ones are
breaking the law. Persons with disabilities have had to travel from
hotel to hotel to find one that is wheelchair accessible, have had to
demand that their guide dogs be allowed into restaurants, and have had
to risk losing their professional accreditation when mandatory
education classes were not sign-language interpreted. 

* Claims of frivolous lawsuits are already handled in current law. 
The bill's supporters claim that the legislation would cut down on
frivolous lawsuits. But frivolous lawsuits are already prohibited by
law and such claims are regularly handled by courts and state bar
associations. Courts already fine law firms and plaintiffs when they
find that a lawsuit is frivolous.

TAKE ACTION!

� ACLU