releases: https://www.flake.senate.gov/public/index.cfm/press-releases?ContentRecord_id=318C1076-C37C-4CEB-8920-B25D3635FF0F
Data license: MIT · Data source: dwillis/congress-press
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| https://www.flake.senate.gov/public/index.cfm/press-releases?ContentRecord_id=318C1076-C37C-4CEB-8920-B25D3635FF0F | VIDEO: Flake Tackles ADA Abuse in Speech | 2016-12-08 | 2016 | 2016-12 | Republican | House | AZ | Jeff Flake | F000444 | www.flake.senate.gov | legacy | Washington, D.C. – U.S. Sen. Jeff Flake (R-Ariz.) today spoke on the Senate floor in support of his ADA Education and Reform Act, legislation that would stop drive-by lawsuits from unscrupulous lawyers abusing the Americans with Disabilities Act (ADA) in order to extort cash settlements from small businesses. The bill would afford small businesses 120 days to fix minor violations, such as an incorrectly placed sign, before a lawsuit can proceed. Flake’s speech comes days after a "60 Minutes" investigation into the practice, which has been become a growing problem for Arizona businesses in recent years. “I think these reforms will help business owners and persons with disabilities achieve their mutual goal of ADA compliance,” said Flake. “It’s essential that business owners continue to see it as a tool to ensure fairness for people with disabilities, and not as a weapon to line the pockets of unscrupulous lawyers.” Video of Flake’s remarks can be viewed here. Video of the "60 Minutes" investigation into drive-by lawsuits can be viewed here. Additional information on the ADA Education and Reform Act can be viewed here. A transcript of Flake’s prepared remarks can be viewed below. *** I come to the floor today to speak in support of legislation I recently introduced, the ADA Reform and Education Act. This bill serves two purposes: first, it ensures timely compliance with the Americans with Disabilities Act. It does so while also relieving small businesses of the burden of frivolous litigation. My legislation addresses a problem known as “drive-by lawsuits.” These lawsuits involve a few bad actors who are abusing a provision of the ADA in a way that is inconsistent with its intent, and detrimental to small businesses. In a drive-by lawsuit, an attorney will drive by a place of business and look for technical ADA violations. These are usually minor violations that are easily correctable, like the width of a parking space or the height of a van accessible sign. If a technical violations exists, the attorney will either send a demand letter or threaten the business with a lawsuit. Oftentimes, the demand letter will request a settlement that is just under what it would cost the business to litigate so the business owner picks the lesser of two evils and pays the settlement. The scope of the problem is only growing. From the first six months of 2015 to the first six months of 2016 there was a 63 percent increase in the number of suits brought under Title III of the ADA. This year is on pace to see almost 7,000 of these cases brought forward. Compare 7,000 to the 4,800 lawsuits filed in 2015 and 2,700 in 2013, and you can see what a boon this has become for trial lawyers. In fact this past Sunday, 60 Minutes did a special report on drive-by lawsuits and the toll they’re taking on small businesses throughout the country. While California, Florida, and New York have the highest incidence of these drive-by lawsuits, my home state of Arizona has seen a dramatic increase in these suits over the last three years. In 2013, there were three ADA Title III suits brought in Arizona. By 2015, that number was up to 207. As of September 1st of this year, Arizona had already seen 284. It’s clear that the problem is only getting worse. And my legislation goes a long way to solve it. If enacted, property owners must be given notice of their alleged ADA violation, at which point they will get 120 days to cure the violation before a lawsuit can be brought. If the property owner fails to address the violation in a timely manner, they can then be sued. The bill also instructs the Department of Justice to promote further ADA compliance through education so small business owners know what’s expected of them. I think these reforms will help business owners and persons with disabilities achieve their mutual goal of ADA compliance. The ADA has been a great success in its 25 year history. It’s essential that business owners continue to see it as a tool to ensure fairness for people with disabilities…and not as a weapon to line the pockets of unscrupulous lawyers. ### | 1 | 2026-03-30T12:14:52Z | 2026-03-30T12:14:52Z |