U.S. House of Representatives
Committee on the Judiciary
Henry J. Hyde, Chairman www.house.gov/judiciary


News Advisory
For immediate release May 16, 2000
Contact: Sam Stratman/Terry Shawn (202) 225-2492
Hearing Scheduled on The ADA Notification Act
Clint Eastwood to Testify Thursday



What: Legislative hearing on H.R. 3590, The ADA Notification Act.
Subcommittee on the Constitution, Charles Canady, Chairman
When: 10:00 a.m. Thursday May 18, 2000
Where: 2141 Rayburn House Office Building


Since the Americans with Disabilities Act was enacted in 1990, public
accommodations are more accessible to everyone. That progress, however,
is threatened by a growing number of trial lawyers who generate huge
legal fees for pointing out often simple fixes that would bring
properties into compliance with the ADA's accessibility standards. This
variety of litigation abuse stems from the lack of any notification
provision in the ADA.



Currently...

There is no notification provision in the Americans with Disabilities
Act. Consequently, businesses who may fail to comply with ADA
accessibility standards are given no time to bring their properties into
compliance prior to the initiation of costly litigation.

This gap in the law now poses the danger that trial lawyers who continue
to exploit it will needlessly create ill will among the disabled
community and business owners who would in good faith bring their
properties into compliance if only they were alerted to the law's
requirements.

H.R. 3950 would ...

Amend the ADA by providing that a court would have no jurisdiction in a
case brought under the ADA unless the plaintiff has provided to the
defendant, before filing the complaint, notice of the alleged violation
and that 90 days have passed during which time the defendant has not
corrected the alleged violation.

Provide that the court may impose and enforce appropriate sanctions
against attorneys failing to meet the 90-day notice requirement.

Witnesses: Donna M. and David Batelaan, Lake Worth, FL; Terri L. Davis,
Rancho Sante Fe, CA; Joe Fields, Jr., Attorney, West Palm Beach, FL;
Clint Eastwood; Anthony Brady, Attorney, Camden, NJ; Christopher G.
Bell, Attorney, Minneapolis, MN; The Honorable Mark Foley, (R-FL); The
Honorable Clay Shaw, Jr. (R-FL); Andy Levy, Attorney, Baltimore, MD;
Christine Griffin, Disability Law Center, Inc., Boston, MA; Kyle
Glozier, Freeport, PA; Fred Shotz, Ft. Lauderdale, FL.

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