Congressmen Ken Calvert, Jay Obernolte, Lou Correa, and Randy Fine introduced the ACCESS Act (H.R. 8396) on Apr. 21, a bill aimed at helping small businesses comply with the Americans with Disabilities Act (ADA) while protecting them from what they describe as serial litigants. The legislation has received support from groups including the American Booksellers Association, the Workplace Solutions Association, and the National Bicycle Dealers Association.
The issue is significant for many small business owners who face challenges related to ADA compliance and litigation. Supporters of the bill say it seeks to strike a balance between ensuring accessibility for people with disabilities and preventing what they call predatory lawsuits that target business owners.
“As a former small business owner, I know that our job creators on Main Street face tremendous challenges to keep the doors open,” said Rep. Ken Calvert. “Congress should be protecting small businesses from serial litigants trying to exploit laws, like the ADA, for personal gain. We can protect the disabled, small businesses, and the jobs they create by passing the ACCESS Act and giving owners with a reasonable window of time to address any disabled access issues.”
Rep. Obernolte said: “Too many small businesses are being targeted by predatory, drive-by lawsuits that do nothing to improve accessibility for the disabled… This legislation restores common sense by giving business owners the chance to fix legitimate ADA issues before facing costly litigation.” Rep. Correa added: “ADA requirements are crucial… Small business owners don’t always know when they are violating building codes… This is how we can help keep Main Street businesses from being sued…” David Grogan of the American Booksellers Association stated: “This legislation provides a crucial notice and cure period to end frivolous lawsuits targeting small businesses… For years, independent bookstores have been key targets of lawyers falsely claiming non-compliance…”
According to supporters of H.R. 8396, under this proposal anyone alleging an ADA violation would first provide written notice specific enough for an owner or operator to identify barriers preventing access. Business owners would then have 60 days to outline planned improvements in response; after which there would be another 60-day period either to fix or make substantial progress toward fixing these issues before any lawsuit could proceed.
The prevalence of ADA-related lawsuits is particularly high in California; one analysis found more such cases were filed in California than in all other states combined according to reporting.
Ken Calvert has served in Congress representing California’s 41st District since 1993 according to his official biography. He was born in Corona in 1953 and continues living there today according to congressional records. Calvert earned his BA degree from San Diego State University in 1975 according to his official biography.
Supporters argue that by providing clear procedures before legal action can begin under federal disability law—such as notification requirements and timeframes—the ACCESS Act aims both at reducing unnecessary litigation costs for local shops while maintaining strong protections intended by existing law.
