Monday, November 21, 2011

Letter from COngressman Dan Lungren re: ADA lawsuits and Veteran's Day

Our crusades for job creation and government regulation mitigation got a strong vote of confidence during a very satisfying time back home for our Veteran’s Day District Work period last week.
After introducing my new bill, H.R. 3356, to thwart abusive ADA lawsuits, I had the privilege of being home Thursday to host a packed press conference and formally introduce the ACCESS (ADA Compliance for Customer Entry to Stores and Services) Act to an enthusiastic group representing small business owners, chamber of commerce heads and local government representatives.

We held the press conference at the Squeeze Inn in Sacramento because its owner, Travis Hausauer, one of my constituents, has been victimized by these vexatious lawsuits. Travis and others I consulted with in recent months asked me to draft the legislation for several reasons:
The people who bring the suits never detail the violations of the Act or give any idea how the business owner/operator can become compliant.
After the plaintiff gets the money and leaves the scene the business owner still doesn’t know the nature of the violations and has even less money to become compliant or to keep the staff employed.
The disabled who wish to patronize the business do not get an upgraded facility and the business owner doesn’t get their business.
Much like my H.R. 4 bill to remove an onerous IRS mandate hidden between the lines in the President’s healthcare plan, H.R. 3356 will have a modest start. But let us not forget that when the time was right H.R. 4 got the support of the Congress and the President eventually signed that repeal into law.
The ACCESS bill goes a long way in preserving jobs at places that might otherwise have had to close due to lawsuits.  H.R. 3356 would require the plaintiff to detail violations and bring them to the business owner, who would have 120 days to make those changes to become ADA compliant.
It’s a Win Win Win: The business makes the necessary improvements without having to close or lay off staff; the disabled clientele gets a chance to patronize the facility; those who bring vexatious lawsuits are put out of business.
During a week focused on jobs, I also had the privilege of honoring our veterans.  Friday I participated with the Veteran’s Day crowd at the VA Medical Center in Rancho Cordova.  The City and the Department of Veterans Affairs/Northern California Health Care System have teamed up for this event for six years running now.
It was historic to be a part of the program at the 11th hour of the 11th day of the 11th month in the 11th year of this 21st century. And it was a pleasure to acknowledge the fine men and women who have served our country – this year's event especially featured veterans of World War II and the Korean and Vietnam Wars.
It was also a pleasure to report to this group of our finest that the House has passed more than a dozen new separate pieces of legislation in the past year that will enhance and streamline benefits so that existing and returning veterans will find fewer obstacles to employment and other services.
We are fighting for jobs at every turn for every American. But I believe you all will join me in the wish that those who risk all during their service to our country deserve the extra attention and assistance.
Sincerely,
Daniel E. Lungren
Member of Congress

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