H.R. 3479 – Reading Mode

110th CONGRESS

1st Session

H. R. 3479

IN THE HOUSE OF REPRESENTATIVES

September 5, 2007

Mr. Keller of Florida introduced the following bill; which was referred to the Committee on the Judiciary

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.

Short title

This Act may be cited as the ADA Notification Act of 2007.

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—

(1)

by striking (1) AVAILABILITY and all that follows through The remedies and procedures set forth and inserting the following:

(1)

Availability of remedies and procedures

(A)

In general

Subject to subparagraphs (B) and (C), the remedies and procedures set forth

; and

(2)

by adding at the end the following:

(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—

(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;

(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;

(iii)

90 or more days has elapsed after the date on which such notice was provided;

(iv)

the notice informed the defendant that the civil action could not be commenced until the expiration of such 90-day period; and

(v)

the complaint states that, as of the date on which the complaint is filed, the defendant has not corrected the alleged violation.

(C)

Exceptions

Subparagraph (B) shall not apply to civil actions brought under—

(i)

Rule 65 of the Federal Rules of Civil Procedure requesting preliminary injunctive relief or temporary restraining orders; or

(ii)

State or local court rules requesting preliminary injunctive relief or temporary restraining orders.