Independent Grocers Cheer House Action Against ‘Frivolous’ ADA Lawsuits

The National Grocers Association (NGA), which represents the independent grocery sector, has expressed its approval of the U.S. House of Representatives’ passage of the ADA Reform and Education Act of 2017 (H.R. 620). The legislation aims to shield businesses from what NGA calls “frivolous” lawsuits in regard to the Americans with Disabilities Act (ADA) while ensuring that all such claims are processed as quickly as possible.

The legislation includes the following provisions:

• Complaints must be provided to businesses in writing, and must include the specific violation, as well as identify an injured party, thereby curtailing the use of demand letters written only to force a settlement.
• On receiving a complaint, businesses will have 60 days to describe how they will remedy the issue.
• Businesses will have another 60 days to make “substantial progress” toward correcting an alleged violation before a lawsuit can be filed.

“Independent supermarket operators are committed to complying with all ADA guidelines and making their stores open and accessible for all of their customers,” noted Greg Ferrara, EVP of advocacy, public relations, and member services at Arlington, Va.-based NGA. “This legislation provides the needed flexibility to allow supermarkets an opportunity to take corrective measures to resolve any potential ADA violations without the threat of a frivolous lawsuit from lawyers.”

Introduced by Rep. Ted Pope, R-Tex., the measure passed by a 225–192 margin.