OHI, RV park and campground owners from across the country met with lawmakers on Capitol Hill to advocate for passage of the ACCESS Act (HR 8396), legislation aimed at changing how Americans with Disabilities Act website compliance lawsuits are handled for small businesses.
The advocacy fly-in brought OHI representatives together with legislators and congressional leaders from Missouri and California as concerns grow among outdoor hospitality operators over demand letters and legal threats related to alleged website accessibility violations.
According to OHI, many small business owners have faced demands for settlements over website accessibility issues before being given an opportunity to correct alleged deficiencies. The organization said the cost of defending a federal lawsuit often exceeds the cost of settlement, leading some businesses to resolve claims rather than pursue litigation.
Among those participating in the Washington meetings was Chris Houghton, co-owner of Calm Waters Cabin Resort in Branson, Missouri.
Houghton said his business recently received a demand letter threatening federal litigation over alleged ADA website deficiencies without prior notice or an opportunity to address the issues.
“We had absolutely no issue with updating our website,” Houghton said. “The problem was the demand for thousands of dollars in fees, with no warning and no realistic ability to challenge the claim in court. As a small business, we simply cannot absorb the cost of federal litigation.”
Houghton said the resulting settlement will affect the resort’s seasonal hiring plans and reduce income for local contractors. He also noted that the attorney involved is believed to have multiple similar cases pending across Missouri.
According to a press release, David Basler, chief strategy officer and senior vice president of government affairs for OHI, said campground and RV park operators support accessibility efforts but believe businesses should be given an opportunity to address compliance concerns before facing legal action.
“Privately owned campgrounds and RV parks are small businesses that want to welcome every traveler and provide positive experiences for all guests, including those with disabilities,” Basler said. “The ACCESS Act creates a more collaborative approach by giving business owners the opportunity to address accessibility concerns before costly litigation occurs.”
The ACCESS Act, along with companion legislation under development in the Senate, would require written notice of an ADA website compliance concern before legal action could be initiated. The measure would also establish a 60-day cure period for businesses to address identified issues and seek to create defined standards for digital compliance.
Gene Zanger, partner of Casa de Fruta in Hollister, California, said the legislation would encourage communication between businesses and complainants before litigation is pursued.
“As a campground owner, I believe every guest should be able to enjoy the outdoor hospitality experience, and as small business owners we want to do the right thing and make their properties accessible,” Zanger said.
Following the meetings, Houghton said the fly-in provided an opportunity to advocate directly for outdoor hospitality businesses.
“After today’s meetings on Capitol Hill, I can tell you it was definitely worth the time to come here and advocate for my business and this industry,” Houghton said. “I definitely feel like what we are doing here makes a big difference.”
OHI and participating business owners are urging Congress to advance the ACCESS Act and related Senate legislation, arguing that “notice-and-cure provisions” would provide businesses with an opportunity to address accessibility concerns while avoiding costly legal disputes.
Featured image by OHI