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ADA NOTIFICATION & CLINT EASTWOOD

Background: Since the Americans with Disabilities Act became law in 1990, many businesses have been fighting the provisions that have to do with accessibility. One limit they have proposed is notification. That would mean that a person with a disability would need to inform a business in writing that it is not accessible, and then wait for a period of time before taking legal action against the business.

Film actor/director Clint Eastwood captured headlines when he campaigned for ADA notification and when he fought a lawsuit filed against him for not making accessible his Carmel, California resort.

These stories were emailed to Inclusion Daily Express readers. Subscribe now for daily updates . . .
Other Inclusion Daily Express stories related to Accessibility and Advocacy

2006
July 12: City: Actor Richard Gere Must Include Access In Resort Plan
2005
Jan. 26: Advocates Outraged At Eastwood's Pro-Euthanasia Film
2004
September 20: California Representatives Show Little Enthusiasm For ADA Notification Law
2002
July 18: Strip Clubs Sued For Lack Of Accessibility
2001
April 4: ADA Notification Rears Its Ugly Head, Again
May 23: Zum Brunnen Wants Another Showdown With Eastwood
2000
Feb. 10: Congressmen Rein In 'Rogue' Disabled Access Suits
Feb. 16: Notification Act Could Weaken ADA
May 12: Eastwood Fights To Weaken Disability Rights Law
May 17: Eastwood And ADA Notification Act
May 18: Eastwood Addresses Judiciary On ADA
May 19: People With Disabilities And Others Address Committee On ADA Notification
Sept. 19: Trial Against Eastwood To Begin
Sept. 20: Opening Arguments Begin In Eastwood Trial
Sept. 21: Eastwood Suit Over More Than Restrooms
Oct. 2: Eastwood Found Liable For Not Providing Access
Oct. 13: ADA Notification Introduced In Senate

Related resources:
ADA Home Page: US Department of Justice
ADA: A brief summary

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Congressmen Rein In 'Rogue' Disabled Access Suits
February 10, 2000
MIAMI, FLORIDA -- Business owners in Florida claim that a half dozen organizations have been filing lawsuits against them, citing equal access provisions in the ADA, simply to make money on the settlements.

On Tuesday, Rep. Mark Foley, of West Palm Beach, and Rep. E. Clay Shaw, of Fort Lauderdale were expected to announce an initiative designed to place limits on firms that appear to be filing such "rogue" lawsuits. Could this weaken the ADA?

From the Miami Daily Business Review, via the Law News Network's website:
http://www.lawnewsnetwork.com/practice/employmentlaw/news/A15460-2000Feb7.html

Notification Act Could Weaken ADA
By Dave Reynolds, Inclusion Daily Express
February 16, 2000

WASHINGTON, DC -- As was expected last week (see article we included entitled "Congressmen Reign in 'Rogue' Disabled Access Suits" at
http://www.lawnewsnetwork.com/practice/employmentlaw/news/A15460-2000Feb7.html ) Florida Congressmen Mark Foley and Clay Shaw did introduce into the U.S. House of Representatives HR 3590-The ADA Notification Act (see the entire text of HR 3590 at http:ww.dimenet.com/cgi-bin/getlink?hotnews,827R ).

The Bill, if enacted, would require that a business be given an explanation as to how and when they violated the accessibility provisions of the ADA, and would require that complainants give the business 90 days notification before a filing a suit.

This legislation was designed to cut down on the number of so-called "frivolous" lawsuits that, some business owners say, are being filed by attorneys who only want to make money from settlements. Some disability rights advocates admit that these 'rogue' attorneys are themselves weakening the law, but say that HR 3690 is not the answer.

The following letter, reprinted with permission from the author, points out the problems with this proposed bill and asks your help in addressing this issue:
---- To ADA advocates,
There have been several posts to disability related lists about the bill filed in the U.S. House of Representatives by Rep. Foley.
This bill, cosponsored by Rep. Shaw, would amend the ADA to require written notice to any public accommodation before an ADA lawsuit could be filed. It would also give the public accommodation 90 days to respond to the notice before a lawsuit could be filed.
This bill would clearly harm people with disabilities while making it easier for public accommodations to continue discriminating against people with disabilities.
With so many people with disabilities not even able to find lawyers to represent them in ADA litigation this bill would just create one more hoop for people with disabilities to jump through while giving lawyers one more reason to not take ADA plaintiff cases.

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Eastwood Fights To Weaken Disability Rights Law
By Dave Reynolds, Inclusion Daily Express
May 12, 2000

UNITED STATES-- Angered by a lawsuit claiming the hotel he owns is not accessible to people with disabilities, actor Clint Eastwood is joining others in publicly demanding passage of a proposed bill that disability rights advocates say would weaken the "reasonable accommodations" provisions of the Americans with Disabilities Act.

A woman who uses a wheelchair sued Eastwood in 1997 because doors and restrooms at his Mission Ranch Hotel in Carmel, California were not accessible to people who use wheelchairs. The cost of the work was estimated at $7,000, but Eastwood says he is outraged that the attorney representing the woman asked for $577,000 in attorney fees, a move the actor/director and former mayor calls "a form of extortion".

Eastwood is taking his case to the U.S. House Judiciary Committee's Constitutional Subcommittee on May 18, 2000, as it reviews proposed bill HR 3590, known as the "ADA Notification Act". Filed by two Florida congressmen in February, HR 3590 would require a person (or that person's representative -- not necessarily an attorney) to notify a business or public entity exactly how it is violating the ADA, by certified mail. The bill then would allow that business or public entity up to 90 days to correct that violation before a lawsuit could be filed.

The bill's proponents claim that the notification is needed to stop a small group of "renegade" lawyers who are using people with disabilities to help them win "frivolous lawsuits" and earn outrageous legal fees.

Disability rights activists are concerned that passage of the bill would encourage those entities who violate the ADA to hold off on making their accommodations accessible until after they get notification that a person with a disability plans to sue them. After all, some argue, they have already had 10 years to comply with the law. Several groups are encouraging people with disabilities and other advocates who oppose this proposed bill to contact their representatives to express that opposition.

Here are several items you may want to review:
"FULL TEXT OF HR 3590 AS INTRODUCED FEBRUARY 8, 2000"
http://www.dimenet.com/cgi-bin/getlink?hotnews,827R
"STEPS TO TAKE TO OPPOSE THE ADA NOTIFICATION ACT"
http://www.save-ada.com/stepsto.htm
From Newsday On-line: "CLINT EASTWOOD FIGHTS LAWSUIT"
http://www.newsday.com/ap/entertainment/ap252.htm (EXPIRED)
John M. Williams' Wednesday column in BusinessWeek: "NOW DIRTY HARRY IS GUNNING FOR THE ADA"
http://www.businessweek.com/bwdaily/dnflash/may2000/nf00510d.htm

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Eastwood And ADA Notification Act
May 17, 2000
UNITED STATES--Actor/Director Clint Eastwood, angered over a suit filed against him that claims his Carmel resort is not accessible to wheelchairs, is speaking out against the Americans with Disabilities Act and for proposed legislation that disability rights advocates say would weaken the discrimination law.

Tomorrow, the U.S. House Judiciary Committee's Constitutional Subcommittee is scheduled to review HR 3590, known as the "ADA Notification Act", which would require a person (or that person's representative) to notify a business or public entity exactly how it is violating the ADA, by certified mail. The bill then would allow that business or public entity up to 90 days to correct that violation before a lawsuit could be filed.

Disability rights advocates are encouraging people with disabilities and other advocates who oppose this proposed HR 3590 to contact their representatives to express that opposition.

It's been reported that Eastwood is scheduled to discuss this issue this evening with Chris Matthews on CNBC's "Hard Ball" program. Check local listings for actual times in your area.
BusinessWeek columnist John M. Williams seems to have had a bit of a reversal in his opinion on the proposed legislation after he interviewed Eastwood last week. Here's today's column:
http://www.businessweek.com/bwdaily/dnflash/may2000/nf00517c.htm
Here's Williams' column from last Wednesday: "NOW DIRTY HARRY IS GUNNING FOR THE ADA"
http://www.businessweek.com/bwdaily/dnflash/may2000/nf00510d.htm
Other items you may want to review: "FULL TEXT OF HR 3590 AS INTRODUCED FEBRUARY 8, 2000"
http://www.dimenet.com/cgi-bin/getlink?hotnews,827R
"STEPS TO TAKE TO OPPOSE THE ADA NOTIFICATION ACT"
http://www.save-ada.com/stepsto.htm

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Eastwood Addresses Judiciary On ADA
May 18, 2000
WASHINGTON, DC -- Clint Eastwood is one of several people scheduled to speak before the U.S. House Committee on the Judiciary at 10:00 this morning. The actor/director is expected to defend HR 3590 the proposed "ADA Notification Act" which would require people with disabilities to notify public facilities that they have violated the Americans with Disabilities Act 90 days prior to filing a lawsuit.

Eastwood has been quite vocal lately stating that he believes attorneys are using the anti-discrimination law, along with people with disabilities, to win huge settlements.

Many disability rights advocates acknowledge that there may be a handful of abuses, but argue that requiring a notification period would make the public accommodations provisions of the 10-year-old law ineffective. The following memo from the National Association of Protection and Advocacy Systems (NAPAS) outlines some of the facts and points that Eastwood and the mainstream media seem to have missed.
http://www.dimenet.com/cgi-bin/getlink?hotnews,967R
Here's a summary of HR 3590 and the announcement of today's hearing from the House's web page:
http://www.house.gov/judiciary/na051600.htm
Today's Newsday On-line ran this Associated Press article: "CLINT EASTWOOD, DISABLED SPAR"
http://www.newsday.com/ap/washington/ap272.htm (EXPIRED)

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People With Disabilities And Others Address Committee On ADA Notification
By Dave Reynolds, Inclusion Daily Express
May 19, 2000

WASHINGTON, DC--Yesterday, representatives from private business, attorneys and people with disabilities argued for and against passage of HR 3590, the proposed ADA Notification Act, before members of the Constitution Subcommittee of the U.S. House Judiciary Committee.

While the mainstream media has focused on Clint Eastwood's support for the bill that would require people with disabilities to give facility owners 90 day notice of their intent to sue for discrimination, I've included some of the testimony against the Notification Act, that didn't hit the papers.

First, here's a piece from the wire services that was picked up by papers all over the country, as it ran in today's Florida Sun-Sentinel:
"EASTWOOD PLEADS FOR ADA REDRESS"
http://www.sun-sentinel.com/news/daily/detail/0,1136,31500000000115214,00.html
Here are transcripts from some of the statements given against and for the ADA Notification Act: Testimony from Dr. Steven Rattner, against notification:
http://www.house.gov/judiciary/ratt0518.htm
Testimony from Kyle Glozier, against notification:
http://www.house.gov/judiciary/gloz0518.htm
Testimony from Fred Shotz, against notification:
http://www.house.gov/judiciary/shot0518.htm
Testimony from Christopher G. Bell, for notification:
http://www.house.gov/judiciary/bell0518.htm
[All other testimony, except for that of Clint Eastwood, can be found at the following web address:
http://www.house.gov/judiciary/2.htm ]

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Trial Against Eastwood To Begin
By Dave Reynolds, Inclusion Daily Express
September 19, 2000

SAN JOSE, CALIFORNIA--Jury selection is scheduled to begin in federal court this morning for a lawsuit claiming a resort owned by actor/director Clint Eastwood violates the Americans with Disabilities Act.

Diane zum Brunnen, who has multiple sclerosis and uses a wheelchair, says Eastwood's Mission Ranch hotel in Carmel was inaccessible when she visited in 1996. She is asking for damages and for the court to force Eastwood to make changes to make the hotel more accessible.

In May of this year, Eastwood argued before the U.S. House Committee on the Judiciary that businesses should be given a 90-day notice before a discrimination complaint could be filed based on the ADA. Eastwood was defending HR 3590, the proposed "ADA Notification Act", which many disability rights advocates say would severely weaken the law.

Zum Brunnen's trial is expected to last about a week. Eastwood is expected to testify.

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Opening Arguments Begin In Eastwood Trial
By Dave Reynolds, Inclusion Daily Express
September 20, 2000

SAN JOSE, CALIFORNIA--Diane zum Brunnen claims that a bathroom and other parts of Clint Eastwood's Mission Ranch hotel in Carmel were inaccessible to her and her wheelchair in 1996.

"Obviously I have doubts about that, and that's why I'm here," the actor/director told reporters outside the courtroom, as jury selection began yesterday in zum Brunnen's lawsuit against him.

The suit had prompted Eastwood to join a campaign to require people with disabilities to notify a business owner that they had violated the Americans with Disabilities Act 90 days prior to filing a complaint. Earlier this year, he traveled to Washington, DC, to testify for HR 3590, the proposed "ADA Notification Act". Eastwood told the U.S. House Committee on the Judiciary that "renegade" lawyers were taking advantage of people with disabilities by profiting from bogus ADA claims.

"He had notice -- the notification was the American Disabilities Act and that he was supposed to be in compliance by 1992," said John Burris, zum Brunnen's attorney.

In this suit, the cost of the work for making the resort ADA compliant was estimated at $7,000, but Eastwood has voiced outraged that Burris is asking for $577,000 in fees. When a reporter asked Eastwood why he didn't settle before the cost got so high, he replied, "In my opinion, you settle when you're wrong."

Young disability rights advocate Kyle Glozier, 13, testified against Eastwood and others during the congressional hearings in May.

The Mouth Magazine has the text of his testimony at:
http://www.mouthmag.com/number60/gloziernews.htm
The Hot News Network has the full text of HR 3590, as introduced in February of this year:
http://www.dimenet.com/cgi-bin/getlink?hotnews,827R
Here are some steps you can take to oppose the ADA Notification Act:
http://www.save-ada.com/stepsto.htm

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Eastwood Suit Over More Than Restrooms
By Dave Reynolds, Inclusion Daily Express
September 21, 2000

SAN JOSE, CALIFORNIA--An attorney for a woman suing Clint Eastwood acknowledges that the restaurant in the hotel the actor/director owns did, in fact, have an accessible restroom when she visited. Out and through a parking lot. Two hundred feet away.

About 15 protesters in wheelchairs sat in and outside the federal courtroom as the trial against Eastwood began yesterday.

Diane zum Brunnen, who has muscular dystrophy and uses a wheelchair, is seeking unspecified damages from Eastwood claiming his Mission Ranch resort hotel in Carmel violated the Americans with Disabilities Act when she visited in January of 1996. Zum Brunnen's attorney John Burris told the jury that his client was discriminated against not only because of the distance to the accessible restroom, but also because accessible rooms in the inn cost $225 a night, while others were as low as $85, and because the main office could be only be reached by climbing two stairs.

Eastwood's attorney Chuck Keller admitted that facilities at the 31-room hotel were not accessible in 1996. But Keller argues that zum Brunnen had not given enough notice before filing the suit, so the problems could have been corrected.

Zum Brunnen testified that she sent two letters to Eastwood's hotel, both of which went unanswered, before she filed suit a year after the visit. Burris said Eastwood has spent $6.7 million renovating the historic inn since he purchased it in 1986, and still failed to include accessible ramps and other modifications that would have cost about $20,000. "The rules were violated at a time when it was easy to follow the rules," Burris said.

Eastwood has been pushing for a change in the ADA which would keep people from suing business owners until after a person with a disability -- rather than an attorney -- gave a 90-day notice of violations.

Many disability rights advocates point out that a proposed "ADA Notification Act" would unfairly discriminate against people with disabilities by, among other things, putting them in the unusual position of essentially having to enforce a law without legal representation, and allowing businesses to ignore the ADA until a complaint was filed.

The trial against Eastwood is expected to continue for the rest of the week.

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Eastwood Found Liable For Not Providing Access
By Dave Reynolds, Inclusion Daily Express
October 2, 2000

SAN JOSE, CALIFORNIA--On Friday, a jury decided that Clint Eastwood was liable for three violations regarding access at his Mission Ranch Inn, but did not order the actor/director to pay any damages to the woman who had sued him.

Diane zum Brunnen, who has multiple sclerosis and uses a wheelchair, claimed that Eastwood's Mission Ranch Inn in Carmel was inaccessible when she and her husband visited in 1996. She was asking for damages and for the court to force Eastwood to make changes to make the hotel more accessible.

After four hours of deliberations, the jury announced the verdict, in which it found that Eastwood's resort should provide a ramp to the registration office, a second accessible guest room and signs about the accessible restrooms -- which are 234 feet away. Eastwood said those changes are already "in the works".

Several disability rights advocates, many using wheelchairs, attended the trial in a federal courtroom, which is not accessible. The wheelchairs had to be escorted through an exit door into the courthouse. Court officials removed a bench to allow room for observers.

Eastwood has portrayed himself as a hero for small business owners who do not adhere to the Americans with Disabilities Act, suggesting they are victims of "renegade lawyers". He has also claimed that people with disabilities are being used by such attorneys who just want a "fistful of dollars".

In May of this year, Eastwood argued before the U.S. House Committee on the Judiciary that businesses should be given a 90-day notice before a discrimination complaint could be filed based on the ADA. Eastwood was defending HR 3590, the proposed "ADA Notification Act", which many disability rights advocates say would severely weaken the law.

Here is an item on the jury's decision from Saturday's San Francisco Chronicle: http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2000/09/30/MN111950.DTL

ADA Notification Introduced In Senate
October 13, 2000
WASHINGTON, DC--On September 22, Senator Tim Hutchinson from Arkansas introduced S. 3122, known as the "ADA Notification Act".

The bill, which is similar to one introduced earlier into the House of Representatives, would require a person with a disability to notify a business or public accommodation, in person or by registered letter, that they are violating the Americans with Disabilities Act. The person would then need to allow 90 days to pass before they could file a complaint.

Some advocates say this and HR 3590 would significantly weaken the ADA, and would put the responsibility of enforcing the law on people with disabilities. Senate bill S. 3122 was referred to the Senate Committee on Health, Education, Labor, and Pensions,(HELP) which is chaired by Senator James Jeffords from Vermont.

The text of S. 3122 can be found on the U.S. Senate web page below. In the search box, type in "S.3122":
http://www.senate.gov/search/index.html

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ADA Notification Rears Its Ugly Head, Again
By Dave Reynolds, Inclusion Daily Express
April 4, 2001
WASHINGTON, DC--On March 7, Florida Congressman Mark Foley introduced into the U.S. House of Representatives HR 914 -- the ADA Notification Act. The measure is nearly identical to one Foley introduced a year ago as HR 3690.

If enacted, the bill would require a person with a disability, or that person's representative, to give a business or public entity a written explanation as to how it violated the accessibility provisions in the 1990 Americans with Disabilities Act. The bill then would allow that business or public entity up to 90 days to correct the violations before a lawsuit could be filed.

Foley and his supporters say the legislation is designed to cut down on the number of so-called "frivolous" lawsuits that, some business owners say, are being filed by attorneys who only want to make money from settlements. Some have gone so far as to say the ADA Notification bill would protect people with disabilities from being exploited by such "rogue" attorneys.

Disability rights groups argue that if the bill is passed, people with disabilities would have the unfair and unusual burden of enforcing the federal law. Those entities that have ignored the discrimination law for the last ten years would be encouraged to hold off on making their accommodations accessible until after they are notified that they are being sued.

"This proposed amendment is a direct attack on the civil rights of 56 million Americans with disabilities and must be stopped," said the National Council on Independent Living (NCIL) in a March 30 press release. "We say; if there are problems with lawyers and their ethical practices, don't fix the problems by eroding the civil rights of people with disabilities!"

As HR 3690, the bill died quietly last year in spite of a great deal of attention given to it by the actor/director Clint Eastwood and, therefore, the mainstream media. In May, Eastwood testified before a U.S. House Judiciary Committee's Constitutional Subcommittee in support of ADA Notification. At that time, he was being sued by a woman who claimed that Eastwood's Mission Ranch Hotel in Carmel, California was not accessible to people who use wheelchairs. A jury in October determined that Eastwood was liable for three accessibility violations, but did not order him to pay damages.

Information on HR 914, including a link to the full text, is available at:
http://thomas.loc.gov/cgi-bin/bdquery/z?d107:h.r.00914:

NCIL is asking advocates to contact their legislators to encourage them to defeat the ADA Notification bill and any other measures that would undermine the rights of people with disabilities. Contact information for members of the U.S. House of Representatives can be found at the following web site:
http://www.congress.org
or by calling the U.S. Capitol at (202) 224-3121.

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Zum Brunnen Wants Another Showdown With Eastwood
By Dave Reynolds, Inclusion Daily Express
May 23, 2001


SAN JOSE, CALIFORNIA--The woman who sued Clint Eastwood for violating the Americans with Disabilities Act has filed a motion asking for a new trial, according to a story from Wednesday's Associated Press.

Diane zum Brunnen, who has multiple sclerosis and uses a wheelchair, sued the famous actor/director in 1997, claiming that Eastwood's Mission Ranch Inn in Carmel was inaccessible when she and her husband visited. She was asking for monetary damages and for the court to force Eastwood to make changes so the hotel would be more accessible to people with disabilities.

Last September, a California jury decided that Eastwood was liable for three ADA violations at the resort and ordered him to provide a ramp to the registration office, a second accessible guest room and signs about the accessible restrooms -- which were 234 feet away from the main building. The jury did not order Eastwood to pay any damages to zum Brunnen.

The motion, which is scheduled to be heard on June 4, claims that jurors were "predictably biased" toward Eastwood, and that he had been allowed to unfairly influence jurors by playing piano for them when they visited Mission Ranch to see the layout and by signing autographs for them when the case was over.

Eastwood has portrayed himself as a hero for small business owners who do not follow the Americans with Disabilities Act, suggesting they are victims of "renegade lawyers". He has also claimed that people with disabilities are being used by such attorneys who just want a "fistful of dollars". In May of last year, Eastwood argued before the U.S. House Committee on the Judiciary that businesses should be given a 90-day notice before a discrimination complaint could be filed based on the ADA.

Eastwood was defending a proposed "ADA Notification Act", which many disability rights advocates say would severely weaken the law.

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Strip Clubs Sued For Lack Of Accessibility
By Dave Reynolds, Inclusion Daily Express
July 18, 2002

WEST PALM BEACH, FLORIDA--When Congress passed the Americans with Disabilities Act twelve years ago, lawmakers said the federal anti-discrimination law applied to all types of businesses. They did not say it applied to all businesses except for those in adult entertainment.

Still, some people are critical of a quadraplegic man's decision to file a lawsuit against a West Palm Beach strip club because it is not accessible to him and his wheelchair.

After visiting the Wildside Adult Sports Cabaret on May 9 and June 14, Edward Law sued the club for violating the ADA. In the lawsuit filed last month, Mr. Law claims the lap dance room can only be reached by a short flight of stairs; the counter around the strippers' stage is too high for him to see the dancers; the bathrooms are not accessible; and the parking spaces do not comply with federal disability standards. The suit seeks unspecified attorney's fees and asks that the clubs comply with the federal law.

"This is an industry that is high profit and knows about ADA and is ignoring it," Law's attorney, Anthony Brady Jr., told the South Florida Sun-Sentinel."I have no sympathy for them violating ADA."

Law has also sued another West Palm Beach strip club, The Landing Strip, along with an Orlando restaurant and a Daytona Beach motorcycle shop.

Brady, who has sued more than 100 companies for not complying with the ADA, is one lawyer that U.S. Representative Mark Foley says abuses the federal law for his own benefit.

Two years ago Foley introduced into Congress the ADA Notification Act, which would require a person with a disability, or that person's representative, to give a business or public entity a written explanation as to how it violated the ADA's accessibility provisions. The bill then would allow that business or public entity up to 90 days to correct the violations before a lawsuit could be filed.

Foley and his supporters say the legislation is designed to cut down on the number of so-called "frivolous" lawsuits that, some business owners say, are being filed by attorneys who only want to make money from settlements. Some have gone so far as to say the ADA Notification bill would protect people with disabilities from being exploited by such "rogue" attorneys.

Disability rights groups have argued that if the bill is passed, people with disabilities would have the unfair and unusual burden of enforcing the federal law. Those entities that have ignored the discrimination law for the last twelve years would be encouraged to hold off on making their facilities and services accessible until after they are notified that they are being sued.

The Cybercast News Service ran this brief story on Wednesday:
http://www.cnsnews.com/Culture/archive/200207/CUL20020717b.html

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