# Plain Language Summary of the ACCESS Act

This bill makes changes to how the Americans with Disabilities Act (ADA) is enforced, with a focus on giving businesses and property owners more time and support to fix accessibility problems before they get sued. The main idea is to encourage compliance through education and a "notice and fix" process rather than jumping straight to lawsuits.

The bill requires the Department of Justice to create educational programs to help businesses and property owners understand how to make their buildings and services accessible to people with disabilities. This includes training for specialists who can advise on how to fix accessibility problems. The government also has to provide this educational material in multiple languages so business owners who speak different languages can understand their obligations.

The biggest change affects how people with disabilities can sue over accessibility barriers like stairs, narrow doorways, or other physical obstacles. Before filing a lawsuit, a person must first send a detailed written notice to the business or property owner describing exactly what the accessibility problem is and where it's located. The owner then has 60 days to either explain what improvements they'll make or to actually start removing the barrier. Only if the owner doesn't respond or doesn't make progress within that 60-day window can the person proceed with a lawsuit. This gives businesses a chance to fix problems without going to court, though it also means people with disabilities have to wait longer to get access or pursue legal action.

The bill also asks the court system to develop mediation programs to help resolve accessibility disputes more quickly and cheaply than traditional lawsuits, and it directs the Attorney General to study whether website accessibility standards are adequate for people with disabilities.

ACCESS Act

Rep. Calvert, Ken [R-CA-41]

ADA Compliance for Customer Entry to Stores and Services Act or the ACCESS Act This bill establishes certain procedural requirements in relation to complaints under the Americans with Disabilities Act of 1990 (ADA) regarding access to public accommodations (i.e., businesses and nonprofits that are open to the public, such as stores, restaurants, and hotels). It also requires educational outreach and studies by federal agencies to promote ADA compliance. Specifically, the bill establishes a notice and cure period before a claimant may file a civil action against a public accommodation for failing to remove a barrier to access. Claimants must first provide the owner or operator of the public accommodation with a written notice specific enough to identify the barrier and the circumstances under which access was denied. An owner or operator then has 60 days to respond with a description of forthcoming changes and another 60 days after providing the description to make the changes, or show substantial progress in making the changes, before the claimant may proceed with a civil action. The bill also requires (1) the Department of Justice (DOJ) to develop a program to educate state and local governments and property owners on strategies to promote ADA compliance, (2) the Judicial Conference of the United States to develop a model program to promote alternative dispute resolution to resolve claims, and (3) the DOJ to study whether certain web content accessibility standards and telephone services provide reasonable accommodations under the ADA.