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Arizona Enacts Legislation to Curb Drive-By ADA Lawsuits

The Arizona legislature moved quickly when enacting S.B. 1406, legislation is designed to curb “drive-by” ADA lawsuits by creating a “notice and cure” provision. The bill was approved by the House with a 38-20 vote, then passed the Senate less than a week later 18-11. On Tuesday, April 19th, the governor signed the bill into law.

Under S.B. 1406, businesses must be provided a written notice of the alleged violation before a lawsuit may be filed. After receiving notice, the business has 30 days to dispute or correct the alleged barrier to access. If a business needs to obtain permits before beginning work to remove the barrier, they have 30 days to “provide a corrective action plan” outlining how they intend to bring the property into compliance and submit an application for the permit. Once the application is submitted, the business must be in compliance within 60 days in order to avoid a lawsuit. Demanding money is prohibited until these time frames have expired. If a non-compliant property is not remedied in that period of time, the lawsuit is able to move forward.

Arizona joins Minnesota and California in passing legislation to fight drive-by lawsuits. Drive-by lawsuits are effecting businesses all over the country. Just this week the New Mexico Attorney General announced he has begun an investigation into drive-by lawsuits in the state.

As part of the 2017 IREM Congressional In-District meetings program, members of IREM are actively advocating for the passage of the ADA Education and Reform Act of 2017 (H.R. 620). The passage of H.R. 620 would create a national notice and cure provision, similar to the Arizona bill.