ACCESS Act

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.