To amend title III of the Americans with Disabilities Act of 1990 to require, as a precondition to commencing a civil action with respect to a place of public accomodation or a commercial facility, that an opportunity be provided to correct alleged violations.
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To amend title III of the Americans with Disabilities Act of 1990 to require, as a precondition to commencing a civil action with respect to a place of public accomodation or a commercial facility, that an opportunity be provided to correct alleged violations.CommentsClose CommentsPermalink
IN THE HOUSE OF REPRESENTATIVES
September 5, 2007
Mr. KELLER of Florida introduced the following bill; which was referred to the Committee on the JudiciaryCommentsClose CommentsPermalink
A BILL
To amend title III of the Americans with Disabilities Act of 1990 to require, as a precondition to commencing a civil action with respect to a place of public accomodation or a commercial facility, that an opportunity be provided to correct alleged violations.CommentsClose CommentsPermalink
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink
SEC. 2. OPPORTUNITY TO CORRECT ALLEGED VIOLATIONS OF ADA AS PRECONDITION TO CIVIL ACTIONS REGARDING PUBLIC ACCOMODATIONS AND COMMERCIAL FACILITIES.
Section 308(a)(1) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12188(a)(1)) is amended--CommentsClose CommentsPermalink
(1) by striking `(1) AVAILABILITY' and all that follows through `The remedies and procedures set forth' and inserting the following:CommentsClose CommentsPermalink
`(B) OPPORTUNITY FOR CORRECTION OF ALLEGED VIOLATION- A State or Federal court shall not have jurisdiction in a civil action filed with the court under subparagraph (A), or under a provision of State law that conditions a violation of any of its provisions on a violation of this title, unless--CommentsClose CommentsPermalink
`(i) before filing the complaint, the plaintiff provided to the defendant written notice of the alleged violation, and the notice was provided by registered mail;CommentsClose CommentsPermalink
`(ii) the notice identified the specific facts that constitute the alleged violation, including identification of the location at which such violation occurred and the date on which such violation occurred;CommentsClose CommentsPermalink
`(iv) the notice informed the defendant that the civil action could not be commenced until the expiration of such 90-day period; andCommentsClose CommentsPermalink
`(v) the complaint states that, as of the date on which the complaint is filed, the defendant has not corrected the alleged violation.CommentsClose CommentsPermalink
`(i) Rule 65 of the Federal Rules of Civil Procedure requesting preliminary injunctive relief or temporary restraining orders; orCommentsClose CommentsPermalink
`(ii) State or local court rules requesting preliminary injunctive relief or temporary restraining orders.'.CommentsClose CommentsPermalink
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U.S. Congress - Text of H.R.3479 as Introduced in House ADA Notification Act of 2007
