P1 1WHEREAS, Even though the Americans with Disabilities Act
2(ADA) has been implemented nationally, California is among the
3top states for ADA lawsuits; and
4WHEREAS, Congressional House Resolution 994, authored by
5Representative Ken Calvert, known as the ACCESS Act of 2013,
6would alleviate the financial burden small businesses are facing
7by those lawsuits, while still fulfilling the purposes of the ADA;
8and
9WHEREAS, HR 994 would require an owner or operator of a
10business to provide the party alleging a violation of the ADA,
11within 60 days, a description outlining improvements that would
12be made to address the barrier; and
13WHEREAS, Under HR 994, the owner or operator would then
14have 120 days to remove the infraction and failure to meet any of
15these conditions would allow the suit to go forward; and
16WHEREAS, The goal of the HR 994 is to maintain the intent
17of ADA in providing access for the disabled and to stop the abuse
18that is providing trial lawyers with access to the wallets of small
19business owners; and
20WHEREAS, Federal ADA-related lawsuits do not give business
21owners an opportunity to remedy any ADA-related shortcomings
22before a lawsuit is allowed to proceed; and
P2 1WHEREAS, Reforms, including offering small businesses an
2opportunity to make accessibility improvements before a lawsuit
3can move forward, are needed to protect small business owners
4from predatory lawsuits brought under the ADA, while continuing
5to provide access for the disabled in accordance with the ADA;
6now, therefore, be it
7Resolved by the Assembly of the State of California, That the
8Assembly urges the United States Congress to pass HR 994, the
9ACCESS Act of 2013, to restore the original intent of the ADA,
10increase access for Americans with disabilities, and help small
11businesses comply with the Americans with Disabilities Act
12(ADA); and be it further
13Resolved, That the Chief Clerk of the Assembly transmit copies
14of this resolution to the President and Vice President of the United
15States, the Speaker of the House of Representatives, the Majority
16Leader of the Senate, and each Senator and Representative from
17California in the Congress of the United States.
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