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1972 – 50 years of service to the commercial industrial retail real estate industry – 2022.


July 8, 2016

We thank our friends at ICSC for providing the following report about the ADA Education and Reform Act”- of note, California has two Republicans on the Committee that supported the measure Rep. Darrell Issa and Rep. Mimi Walters. There are four Democrats on the committee and our position was only supported by one of them, Rep. Scott Peters:

After more than two hours of debate, a version of H.R. 3765, “The ADA Education and Reform Act of 2015” (with previously agreed upon changes), passed the House Judiciary Committee by a vote of 15-6 on July 7.

Introduced by Rep. Ted Poe (R-TX-02), the bill protects the ability of individuals with a disability to file a lawsuit and ensures they have full and proper access to public spaces, shopping centers and retailers, while restoring the necessary balance to Title III litigation. The legislation contains a “notice and cure” provision that would create a temporary pause in litigation up to 120 days to allow property owners to correct identified barriers to access.

Judiciary Committee Chairman Bob Goodlatte (R-VA-6) was among those in favor of the bill.

“Unfortunately private sector enforcement of the ADA has led to the abuse of our legal system in many cases,” Goodlatte said. “One common tactic used by opportunistic attorneys is to file mass claims against small businesses and then settle for just less than what it would cost these mom and pop businesses to defend themselves in court.”

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