An Act to Protect Businesses from Fraudulent or Predatory Financial Settlements by Allowing Those Businesses Opportunities to Remove Architectural Barriers in Noncompliance with the Maine Human Rights Act (AFTER DEADLINE)
Maine Legislature, Session 131, LD 2195
Committee: Judiciary
Sponsors: DAUGHTRY, HICKMAN, KEIM, PIERCE, POULIOT
Amends: 5 MRSA §4594-I

Legislative Document
No. 2195
S.P. 934
In Senate, January 30, 2024
An Act to Protect Businesses from Fraudulent or Predatory 
Financial Settlements by Allowing Those Businesses Opportunities 
to Remove Architectural Barriers in Noncompliance with the Maine 
Human Rights Act
(AFTER DEADLINE)
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205.
Reference to the Committee on Judiciary suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator DAUGHTRY of Cumberland.
Cosponsored by Senators: HICKMAN of Kennebec, KEIM of Oxford, PIERCE of 
Cumberland, POULIOT of Kennebec.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §4594-I is enacted to read:
§4594-I.  Notice of noncompliance; cure period
Notwithstanding subchapter 7 or any other provision of law to the contrary, prior to the 
individual's filing a civil action under section 4621 or filing a complaint with the 
commission pursuant to section 4611 based on the failure of the owner of a place of public 
accommodation to remove an architectural barrier in that place of public accommodation, 
the individual shall comply with the provisions of this section.  As used in this section, 
"architectural barrier" or "barrier" means a physical feature that limits or prevents a person 
with a disability from accessing a place of public accommodation to obtain the goods or 
services that are offered by the place of public accommodation and "owner" includes the 
operator, lessor or lessee of a place of public accommodation.
1.  Notice.  The individual shall provide notice to the owner of the place of public 
accommodation.  The notice must:
A.  Be in writing;
B.  Be delivered by regular mail;
C.  Contain a description of the architectural barrier specific enough to allow the owner 
to identify the barrier; and 
D.  Specify in detail the circumstances under which the individual was actually limited 
in or prevented from accessing the place of public accommodation, including the 
address of the place of public accommodation, the date of the limitation or prevention, 
whether the individual requested assistance with removal of the architectural barrier 
and whether the barrier was temporary or permanent.
2.  Response.  Within 60 days following receipt of the notice required by subsection 1, 
the owner of the place of public accommodation shall provide to the individual, in writing, 
delivered by regular mail, a description of the steps the owner plans to take to remove the 
architectural barrier.
3.  Removal of architectural barrier.  If the owner provides a response pursuant to 
subsection 2, within 60 days of providing the response, the owner shall remove or make 
substantial progress in removing the architectural barrier.
4.  Remedy.  If the individual meets the requirements of subsection 1 and the owner of 
the place of public accommodation, within 60 days of receipt of the notice, fails to respond 
to the notice as required by subsection 2 and, within 60 days of providing a response, fails 
to remove or make substantial progress in removing the architectural barrier as required by 
subsection 3, the individual may file a complaint or a civil action under section 4611 or 
4621.
SUMMARY
This bill amends the Maine Human Rights Act to provide the owner, operator, lessor 
or lessee of a place of public accommodation the opportunity to remove an architectural 
barrier to accessing a place of public accommodation to obtain goods or services by an 
individual who is disabled.  An individual whose access was limited or prevented to a place 
of public accommodation must provide written notice, including specifics about the 
circumstances of the limited or prevented access, to the owner, operator, lessor or lessee of 
the place of public accommodation.  If the owner, operator, lessor or lessee fails to provide 
a response to the notice within 60 days and fails to remove or make substantial progress in 
removing the barrier to access within 60 days after providing the response, the individual 
may file a complaint with the Maine Human Rights Commission or file a civil action in the 
Superior Court.