In 2016 more than 1,700 ADA Title III lawsuits were filed against businesses in the Grand Canyon state before the Attorney General stepped in to dismiss most of them.
ICSC, its members and numerous others in the business community worked in support of this latest measure.
“This bill brings meaningful reforms aimed at reducing what the media in Arizona calls ‘cash for compliance,’” said Betsy Laird, ICSC’s Senior VP for Global Public Policy. “Among other protections, property owners will now have up to a 90-day grace period to fix alleged disability access violations without paying penalties.”
In addition, the new law requires sufficient detail or notice of the problem so it can be corrected; provides standing only to an aggrieved person who has been subject to discrimination; exempts websites from the state ADA; prohibits a plaintiff from being promised anything of value in exchange for filing a suit as well as prohibiting a demand for money from the defendant and grants other legal safeguards. The Arizona law becomes effective later this year.
ICSC has backed similar legislation on the federal level directed at “drive-by” lawsuits. Arizona Senator Jeff Flake (R) introduced legislation in the previous Congress. The number of ADA Title III lawsuits filed in federal court rose 37% in 2016.
“This win at the state level increases the call to Congress to pass a federal solution to ensure that property owners nationwide are afforded the same notice and cure protections,” Laird said.