Senate Bill 1406 is scheduled for the 3rd read today. The EVCCA has worked tirelessly to provide a “Notice and Cure” period, create a definition of aggrieved person and exclude websites from ADA Amendments Act of 2008 (42 U.S.C. 12101 et seq) from being an extension of a business facility.
This bill includes the fix to the “drive-by” lawsuits that occurred last year. As documented in by AZ Central here, you, Phoenix-based Advocates for Individuals with Disabilities, was attempting to cause business owners to pay costly fines with no intent to actually comply with ADA. The organization was simply trying to collect thousands from each business and move on to the next one.
SB1406 provides provisions that comply with ADA and also give business owners a cure period. It is expected to pass the Senate.
Read the full Fact Sheet here.
– The Exclusion of Websites an Extension of a Business Facility
This bill achieves compliance with ADA standards and is a PRIORITY of the business community.
On Thursday, the House passed SB1406 with a 38-22 vote. The billchanges the litigation processes for alleged violations under the Arizona Americans with Disability Act (Arizona ADA). It specifies that a private entity is allowed 30 days to comply with Arizona ADA regulation, unless a building permit is required; in which case a private entity is allowed an additional 60 days to resolve a violation. The specified time is tolled from the time after submitting an application until a final determination is provided and is not included in the calculation unless the delay is caused by the private entity.However, websites are exempt from the Arizona ADA.
Read the Fact Sheet for SB1406-Public Accommodation; Exemptions; Enforcement; Sanctions here.