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OACB opposes current Ohio House bill to change process for accessibility law violations

By Erich Hiner,
Published Thursday, November 9, 2017 5:30 pm

A bill before the Ohio House of Representatives would significantly change how alleged violations of accessibility laws such as the Americans with Disabilities Act are processed. 

HB 271 would require anyone alleging to be have been aggrieved by an accessibility violation to file a written notice to the violator and wait for a response within 15 business days before filing a civil suit. If a suit were filed without written notice to the violator, the filer would not be entitled to attorney’s fees upon the judgment of the civil case.

The law would allow the alleged violator to respond in one of the following ways: 

  1. Agree to make accessibility improvements within 60 days;
  2. Challenge that the violation took place; or
  3. Contend that the violation has already been corrected.

If the violator does not respond, the aggrieved party may then file suit. 

OACB is concerned that the timeframes outlined in the bill place too much burden on people filing complaints and give too much flexibility to those who violate accessibility laws. As such, the association opposes the legislation as written and will advocate for changes to the bill.

The bill has attracted the attention of the DD Council, the Olmstead Taskforce, the American Civil Liberties Union, and the Ohio Civil Rights Commission. OACB will communicate with these and other stakeholder groups to ensure that the final version of this legislation does not put undue burdens on people served by county boards of DD.

Members with questions about this topic should contact Bridget Gargan (bgargan@oacbdd.org) at 614-431-0616.



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