Tillis, Grassley, and Cornyn Urge Judicial Conference To Protect Small Businesses by Improving Standards in Americans With Disabilities Act Litigation | Eastern North Carolina Now

Press Release:

    WASHINGTON, D.C.     This week, U.S. Senators Thom Tillis (R-NC), Chuck Grassley (R-IA), and John Cornyn (R-TX) sent a letter to Chief Justice John Roberts requesting that he direct the Judicial Conference of the United States to amend Rule 9 of the Federal Rules of Civil Procedure to bring reason and fairness to the ballooning litigation under Title III of the Americans with Disabilities Act (ADA).

    "As the Judicial Conference has already noted, the continuous, rapid increase in Title III litigation far outpaces other types of similar cases," wrote the Senators. "The Judicial Conference noted that "[f]rom 2005 to 2017, filings of civil rights cases excluding ADA cases decreased 12 percent. In contrast, during that period, filings of ADA cases increased 395 percent" In addition, many of the complaints filed in Title III ADA cases provide little or no detailed information that property owners could use to quickly remedy any potential ADA accessibility issue. In fact, the Ninth Circuit recently began dismissing cases because the allegations contained in the pleadings are so vague that property owners cannot determine whether an ADA violation exists at all. This lack of specificity makes it very difficult for property owners to correct any potential ADA issue. Individuals seeking access under the ADA do not benefit unless property owners know what needs to be fixed."

    The full letter can be read HERE.