Arizona Bill That Gives Businesses A Cure Period To Fix ADA Violations Signed Into Law

Published: Monday, April 24, 2017 - 7:23am
Updated: Monday, April 24, 2017 - 1:29pm
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Senate Bill 1406 was supposed to be a compromise between the disability and business communities. But language was added that drastically changed the bill, upsetting many within the disability community. And last week it was signed into law.

The measure was cobbled together by Rep. Don Shooter months after thousands of Valley businesses were sued over parking violations stemming from the Americans with Disabilities Act (ADA).

But language was added, effectively gutting the original compromise.

"It’s really not how the process should work," said Sarah Kader, an attorney with the the Arizona Center for Disability Law. "If you’re going to legislate away someone’s rights you should ask them what they think about it.

Kader said she didn’t learn about the changes until two hours before the House floor vote.

"We do feel that in end it was a bad faith action to put in language that we had never seen and never agreed to and the type of language that we had already expressed we strongly opposed," Kader said.

House Speaker J.D. Mesnard added the language that Kader opposes.

So what happened?

"So it really came down to a couple factors, it was a bit of timing issue," Mesnard said. "Obviously a lot of happening in a very short amount of time and that tends to be the way the end of session works. But it also came down to there was just a difference of opinion on the idea of a cure period."

Which is the amount of time a business has to fix an ADA violation. Now a business has 30 days to fix a violation unless a permit is needed. Then it has 30 days to present a corrective action plan.

Mesnard said he understands the frustration. But he said "You’re at a crossroads and its one way or the other way. I generally am a person who does hear out all the different sides. I felt like I had an understanding of both sides."

Mesnard said he is open to revisiting this issue in the next legislative session if necessary.

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