[Congressional Record (Bound Edition), Volume 161 (2015), Part 12]
[House]
[Page 17031]
[From the U.S. Government Publishing Office, www.gpo.gov]




                  ADA EDUCATION AND REFORM ACT OF 2015

  The SPEAKER pro tempore. The Chair recognizes the gentleman from 
Texas (Mr. Poe) for 5 minutes.
  Mr. POE of Texas. Mr. Speaker, Doughnuts to Go is a small, family-
owned shop in California managed by Lee Ky. Like any small business, 
its success depends on the hard work and grit of the folks who own it.
  Lee's success was threatened in 2012 when Doughnuts to Go was sued by 
ADA trolls for alleged violations of the Americans with Disabilities 
Act. The lawsuit alleged minute violations, including--get this--a 
mislabeled table, door handles that were off by a few centimeters, and 
the trash can in the bathroom was in the wrong place.
  Lee was surprised by this lawsuit, especially because she is disabled 
herself. Lee is confined to a wheelchair and runs her store that she 
believes is ADA compliant. Lee was targeted by a serial plaintiff who 
never set foot in the store and who also sued nearly 80 other 
businesses in the area.
  Unfortunately, Lee's not alone. Mr. Speaker, there is a whole 
industry made up of people who prey on and strong-arm small businesses 
in order to make money off of ADA lawsuits. To these trolls, it is 
about making money, not helping the disabled get access to businesses.
  In 1990, the Americans with Disabilities Act was signed into law. 
Now, after 25 years of progress and advancement, the integrity of this 
landmark legislation is being threatened by a handful of lawyers and 
plaintiffs.
  The vast majority of businesses strive to serve their customers to 
the best of their ability, relying on the ADA as another tool to help 
ensure that customers with disabilities can enjoy the services they 
provide. Most of these businessowners believe they are compliant with 
the ADA. Their businesses have even passed local and State inspections. 
However, despite their best attempts, certain attorneys and their pool 
of serial plaintiffs look for minor, easily correctible ADA infractions 
so they can file a lawsuit and make some cash off, I believe, the 
disabled.
  Faced with the threat of a lawsuit for minor infractions, small-
business owners find themselves in a dilemma. They have few choices: 
settle out of court or spend time and money to go through the legal 
process. This becomes a lose-lose situation.
  At face value, these drive-by lawsuits are an easy way for both 
greedy plaintiffs and attorneys to make a quick buck. In many cases, a 
single plaintiff signs onto multiple cases, alleging violations at 
businesses and properties where the plaintiff has never set foot. In 
California, for example, one serial plaintiff filed over 250 separate 
lawsuits. Another individual filed more than 800, and a third nearly 
1,000. Some of these lawsuits are filed by plaintiffs that never have 
been in the business or even live in the State. The abuse is obvious.
  Unfortunately, these lawsuits are on the rise nationwide. In 2014 
alone, there was a 63 percent increase in ADA lawsuits for businesses 
open to the public, with more than 4,000 individual cases making their 
way to Federal courts.
  What's more is that local and State courts across the country are 
finding themselves inundated by these drive-by lawsuits, and some have 
created special rules to deal with the sheer volume of these cases. 
Because of this, State legislatures have begun to take action.
  The Texas State Legislature has already filed steps to curtail these 
practices. The ADA, however, is Federal law, and as such, Congress must 
remedy this harmful practice of drive-by lawsuits targeting small 
businesses.
  This is why I am introducing the ADA Education and Reform Act of 
2015, H.R. 3765. This legislation will provide businessowners with an 
opportunity to remedy the alleged ADA infractions before being saddled 
with legal fees. Businessowners will have a 120-day window when given 
notice by the plaintiff to make any necessary public accommodation 
corrections and update their business. If the businessowner fails to 
correct the infractions, the plaintiff retains all of their rights to 
pursue legal action under ADA. This legislation restores the purpose of 
the ADA, which is to provide access and accommodation to disabled 
Americans, not to fatten the wallets of ADA trolls.
  So I recommend to the House of Representatives that they sign onto 
this legislation, because the goal of this legislation is to make all 
businesses comply with the ADA, Mr. Speaker, not to be a cash cow for 
litigants that have never set foot in a Doughnuts to Go.
  And that is just the way it is.

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