ADA Lawsuit Clarification Act of 2017

To amend the Americans with Disabilities Act of 1990 to impose notice and a compliance opportunity to be provided before commencement of a private civil action. 1. Short title This Act may be cited as the ADA Lawsuit Clarification Act of 2017 2. Amendments Section 308(a)(1) of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12188(a)(1) (1) by striking procedures.— The procedures.— (A) In general Subject to subparagraph (B), the , and (2) by adding at the end the following: (B) Structural barriers to entry into existing public accommodations A civil action for discrimination under section 302(b)(2) based on the failure to remove a structural barrier to entry into an existing public accommodation may not be commenced by a person aggrieved by such discrimination unless— (i) such person has provided to the owner or operator of such accommodation a written notice specific enough to allow such owner or operator to identify such barrier; and (ii) beginning on the date such notice was received and— (I) before the expiration of 60 days after such date, such owner or operator failed to provide to such person a written description outlining improvements that will be made to remove such barrier; or (II) (aa) before the expiration of 60 days after such date, such owner or operator provided such description to such person; and (bb) before the expiration of 120 days after such description is provided, such owner or operator failed to remove such barrier. (C) Special rule relating to structural barriers An owner or operator may not be held civilly or criminally liable under Federal or State law for conduct constituting a violation described in subparagraph (B) that occurs before the expiration of the 120-day period described in that subparagraph. (D) Materials provided in other languages The Attorney General shall take appropriate actions to make technical assistance publications relating to compliance with this Act available in all the languages commonly used by owners and operators, to the extent practicable . 3. Effective date This Act and the amendments made by this Act shall take effect on the first day of the first month beginning more than 30 days after the date of the enactment of this Act.

Summary: ADA Lawsuit Clarification Act of 2017 This bill amends the Americans with Disabilities Act of 1990 to prohibit an aggrieved person from commencing a civil action for discrimination based on the failure to remove a structural barrier to entry into an existing public accommodation unless the owner or operator of such accommodation: (1) is provided a written notice specific enough to identify such barrier; and (2) has either failed, within 60 days after receipt of notice, to provide the aggrieved person with a written description outlining improvements that will be made to remove such barrier or failed, within 120 days after providing the description of improvements, to remove such barrier. An owner or operator may not be held civilly or criminally liable for failing to remove a structural barrier before the expiration of a 120-day that begins after the aggrieved person has been provided the description of improvements that will be made. The Department of Justice must make technical assistance publications relating to compliance with this bill available in all languages commonly used by owners and operators.