ADA Notification Act of 2011 - Amends the Americans with Disabilities Act of 1990 to deny jurisdiction to a state or federal court in a civil action a plaintiff commences for remedies for disability discrimination in public accommodations and certain services provided by private entities unless: (1) the plaintiff notified the defendant in writing of the alleged violations prior to filing the complaint, (2) the notice identified the specific facts that constitute the alleged violation, (3) a remedial period of 90 days elapses after the notice, (4) the notice informed the defendant that the civil action could not be commenced for 90 days, and (5) the complaint states that the defendant has not corrected the alleged violation.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 881 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 881
To amend title III of the Americans with Disabilities Act of 1990 to
require a plaintiff to provide a defendant with an opportunity to
correct a violation of such title voluntarily before the plaintiff may
commence a civil action, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 2, 2011
Mr. Hunter introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title III of the Americans with Disabilities Act of 1990 to
require a plaintiff to provide a defendant with an opportunity to
correct a violation of such title voluntarily before the plaintiff may
commence a civil action, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``ADA Notification Act of 2011''.
SEC. 2. OPPORTUNITY TO CORRECT ALLEGED VIOLATION AS CONDITION ON
COMMENCING CIVIL ACTION.
Section 308(a) of the Americans with Disabilities Act of 1990 (42
U.S.C. 12188(a)) is amended by adding at the end the following:
``(3) Opportunity to correct alleged violation.--
``(A) In general.--A State or Federal court shall
not have jurisdiction in a civil action that a
plaintiff commences under paragraph (1), or under a
State law that conditions a violation of any of its
provisions on a violation of this title, unless--
``(i) before filing a complaint alleging a
violation of this title or such a State law,
the plaintiff provides the defendant with a
written notice of the alleged violation by
registered mail;
``(ii) the written notice identifies the
facts that constitute the alleged violation,
including the location where and the date on
which the alleged violation occurred;
``(iii) a remedial period of 90 days
elapses after the date on which the plaintiff
provides the written notice;
``(iv) the written notice informs the
defendant that the plaintiff is barred from
filing the complaint until the end of the
remedial period; and
``(v) the complaint states that, as of the
date on which the complaint is filed, the
defendant has not corrected the alleged
violation.
``(B) Extension of remedial period.--The court may
extend the remedial period by not more than 30 days if
the defendant applies for such an extension.''.
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Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on the Constitution.
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