US-based risk management association, RIMS, has urged its members to engage their local congressperson to support the newly introduced ADA Compliance for Customer Entry to Stores and Services (or ACCESS) Act, which aims to reduce frivolous lawsuits and address compliance issues with the Americans with Disabilities Act, while ensuring the rights of disabled people are protected.

The ACCESS Act provides that any person aggrieved by a violation of the ADA would have to provide the owner or operator with a written notice of the specific violation and identify the barrier to their access. Businesses would then have 60 days to respond to this notice and 120 days to make improvements before a suit is filed.

“It’s imperative that individuals with disabilities are afforded access to businesses and facilities that adhere to prudent ADA regulations,” said RIMS president Gloria Brosius. “However, the recent rise of frivolous, and sometimes baseless lawsuits have led to legislation such as the ACCESS Act to be necessary to protect both business owners and the disabled.”

According to Congressman Calvert, who introduced the legislation, the new act will protect small business owners and disabled Americans through critical reforms to the ADA that ensure it continues to protect access for the disabled and not abusive lawsuits. “The ACCESS Act simply ensures they (small businesses) have time to make necessary improvements before being subjected to costly lawsuits,” he added.

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