Executive director, vice, Vice President and general counsel of the der corp. A company that owns and manages retail properties. Each of the witnesses written statements will be entered in the record in its entirety and i would ask each of you summarize his or her testimony five minutes or less to help you stay within that time there is a light switch and from green to yellow indicates you have one minute to conclude and then five minutes have expired. Before i recognize the witnesses it is the tradition that you be sworn in. For those who cant stand do you solemnly swear the testimony youre about to give will be the truth, the whole truth and nothing but the truth so help you god . Let the record reflect the witnesses answered in the affirmative. I would now recognize the first witness and i would turn the microphone on if you pull it close to you. I live i i live in california. Im here to express my concerns with the disabilities act and how it is being used. I understand. Ive been disabled all my life and im grateful for president george bush to recognized the need to do when he signed it into the law. The public buildings should have a federal entrance door and tables should be high enough for wheelchairs to sit but eating areas should be just for the disabled people. And eating area shouldnt have a sign that says for wheelchairs only. Buildings that allow people with disabilities allow people to become more independent and selfsufficient. For me, i appreciate the businesses but personally it doesnt matter if it is at 37 inches or 32 inches. All business have to recognize the need for all customers. For example many have been able [inaudible] many Business Owners are not aware of the changes or regulations related. Not all businesses are up to date, up to code with the guidelines of the regulation was due to a lack of information from the city and the states regarding the changes. My mother has two doughnut shops and has been sued at both locations for the violations. It isnt fair for business to receive a law firm that is out of our city and county limits. If it is inside the building if they have steps in facilities that are too narrow. Now that the facility isnt up to code therefore the particular businesses should be corrected. It was built in a 2000. I would know, im there. They should have 30 days to correct minor violations in 120 days. The carpet has never become entangled in my wheelchair. If the regulation remains the same and requires business to remove carpets or mats for the inconvenience of the disabled people then they will be creating a hazard for the ablebodied person. We in the disabled community shouldnt feel this under the society. It creates bitterness between the customer and the business. I do not need a sign in to inform me that i am disabled and where i should sit. They should concentrate on accessible curbs and ramps that do not wrap around the building and at the back of doors. Generally when i enter through the back door i feel like businesses are embarrassed or ashamed to associate with me because of my physical limitations. This is understandable to a point because there are a few disabled individuals including lawyers that make it their personal mission in life to collect money from businesses that theyve never been to. It seems they think they are only helping the disabled community and moreover, they are separating the disabled community and Able Community causing them to dislike americans. This makes the rest of smallBusiness Owners who are sl Business Owners who are trying to earn an honest living look bad. Through my life people are very uncomfortablcomfortable and offr kindness to. I also have a voice if i need assistance i can ask for help. I do not want Business Owners to cringe when they see me enter the establishment. I was at the State Capitol and had to use the restroom. I asked if i could use the restroom and they asked me if im going to buy a drink. My aide responded that she doesnt drink but she needs to go to the restroom. No they didnt give me permission to use the restroom. Since the lawyers are going to sue the Small Business they are posting signs on the window no public restrooms. I would like to see that federal laws be fair and not taken advantage of or misused by people that know the law such as lawyers and certified access specialist persons. Inspectors should inform the public of the new malls and changes. If this continues many businesses will be forced to shut down and there will be many empty buildings in the communities because they dont have the money. This is wrong. I noticed a very limited damages for certain minors or technical violations. In my opinion it matters. Thank you. I now recognize the second witness. Is the microphone on . Would you turn the microphone on a. Of you may have to bring it closer to you. Thank you for the opportunity to testify today. Its an honor to appear before you to share my story. I am a Second Generation attorney from georgia. My parents migrated from india in the 1980s and about their first hotel in the. I spent the first eight years of my life on the third floor of days in a place i called home. My family owned several hotels that employed nearly 400 people. I personally am of two hotels in Atlanta Georgia that amount to nearly 150 guest rooms and employ dedicated employees. Im also here representing the Asian American hotel owners association. They employ over 600,000 American Workers are counting to 10 million in payroll annually. Recently Small Businesses have come under attack by unscrupulous attorneys and professional plaintiffs seeking to make a quick buck. To advance th the goals and secs manipulated some of the most important civil rights laws in the country. The americans with disabilities act. I was sued for allegations in the violations at my hotel in atlanta. I was supposed to think a guest in my hotel was denied service area i contacted the general manager to learn the plaintiff never stayed at our hotel nor is there any evidence that he or his attorney visited the property. The claims and complaints were vague and general and among several issues he stated a failure to provide accessible entry. My Swimming Pool had been closed since the day i purchased it. Its empty and covered with a tarp. Was i being sued for providing entry to a part that has always been closed to the public . I found out that the suit nearly 100 businesses and each one is almost identical. In fact the same plaintiffs and the same attorneys and my father with the same complaint as one of his hotels. Its clear they have no desire to stand the properties and the attorneys are using him as a proxy. I can either fight the suit, subject line employees and families to intrusion litigation and pay thousands of dollars or settle and pay his attorney thousands of dollars in which the attorney will likely be the only one with the financial gain. We cannot afford to pay out a settlement after settlement and defend the suits aimed at preying on our fears. They are targeted because so many are minorities. Minorities. Some would imply tha invite himf violating his civil rights law and would send the signal that my hotel is substandard and i do not care for my guests and it could impact my decision to finance Additional Properties and grow my business. It is a nowin solution. We need to find a solution that keeps them from dishonest purposes. Hr 3765 the education reform act is a vehicle that balance is important protections with affording small Business Owners the opportunity to address any issues that may exist. It requires a detailed description to provide notice for the honor to recognize and address the areas of concern. It will also provide a collaborative solution to promote accessibility. Mr. Chairman and members thank you for the opportunity to testify before you today. I appreciate your listening to how i am an attorney targeted me and several others to export under accessibility under the ada. We are in the business of hospitality to provide a welcoming and comfortable and enjoyable environment for all of our guests. I ask you to consider my story when evaluating 365. Please help protect smallbusinessmallbusiness ownet want to run free from the fear the next envelope legal but might be a lawsuit that closes the door to our hotel. I would now recognize the third witness. Is that microphone close to you turn on . Mr. Chairman and Ranking Members of the subcommittee, im the executive director of the National Council on independent living. The National Grassroots organization run by people with disabilities we go by michael. It includes people with disabilities for independent living, statewide independent Living Council councils and otr disabilities rights organizations. We advance the independent living and the rights of people with disabilities and we envision a world in which people are valued equally and participate fully. Centers for independent living address discrimination and barriers that exist through direct advocacy. These are sometimes architectural but more often reflect attitudes and principles that have been reinforced for generations. They do toward people from working, living in poverty and unjustly detained in institutions. As my long Life Experience has proven with increased opportunities for individuals with disabilities can claim their civil rights and participate in their communities in the same way people without disabilities to. I broke my neck in an accident july 261970 and ive used a wheelchair ever since. Coincidentally the americans with disabilities act was signed into law july 26, 1990 by president george h. W. Bush exactly 20 years to the day after i got my disability. Therefore i have 20 years of experience prior to the act and now a 26 year i have 26 years lh a disability post ada. They have changed the face of the globe although im honored to be here im here testifying in opposition to the bill. As the congressman knows the amendments ar that were passed d signed into law passed because people with disabilities, bipartisan lawmakers and businesses worked together. The efforts to make it harder to bring the title iii lawsuits never followed the same process and never enjoyed support from people with disabilities were the organizations that support them or that represent them. People with disabilities dont want more lawsuits, we want more accessibility. Adding the requirement wont take the phenomena go away. It simply sends the message that they dont have to worry about complying until they get a letter and in most parts of this country it is difficult to find a lawyer that is interested in bringing a complaint against the public accommodation because they cant collect damages. When it was enacted as a compromise between the disability and the Business Community they gave up the ability to obtain damages by allowing attorneys fees. Unfortunately there are still businesses and companies who have yet to comply with this law even after 26 years. The problem here that these bills try to address have little to do if anything with the ada. It doesnt provide for damages. The settlement or court orders can only involve attorneys fees and in the states that some of the witnesses are from the statutes like california that has been mentioned of our people to get damages. Thats why california changed the law. Images arent allowed and there is no need to change the residents with disabilities act. Theres lots of information out there. Theres lots of Technical Assistance people can get on how to comply and theres even a phone line you can call to get information and theres a website. Theres lots of assistance to businesses who want to comply with the law. They dont require businesses to do anything that would be considered an undue burden which means it isnt readily achievable that is readily achievable and can be accomplished without much difficulty or expense and i just want to say some of the stuff that has been talked about building stuff. The state i come from, idaho weve changed the Building Code so that when people do get a Building Permit they can be built according to the americans with disabilities act and it really gives people the range they have to put stuff into like for instance i cant fit under the table and thats why it allows for the rangers instead of numbers that have to be met. So with that i know that my time is running out in closing i would like to recognize the motion and with that, thank you very much. Thank you and welcome. We will now recognize the fourth and final witness. As this the microphone on and ce clicks good morning mr. Chairman, Ranking Member and members of the subcommittee. Im the executive Vice President and general counsel. Ive been in practice for almost 30 years in general counsel since 2003. We are a New York Stock Exchange trust and the owner for 350 Properties Around the country in puerto rico and have over 113 million square feet. Our tenants are some o tenets ot recognized regional and local retailers. Im here to testify on behalf of the interNational Council of Shopping Centers and the Global Trade Association for the Shopping Center industry with over 70,000 members and 100 companies that represent a wide variety of owners, managers and other professionals related to real estate. First and foremost let me say they support both the letter and the intent. We recognize and applaud the positive impact it had on the society. We also support 3765 introduced by the congressman and cosponsored by congressman peterson as ways to strengthen accessibility can the primary goal. Frankly i think the legislation we are talking about today is misunderstood and theres quite a bit of agreement related to the legislation. As mr. Buckland noted people dont want lawsuits, they wont accessibility. We couldnt agree more. We all share the goal of more accessibility. We want full compliance and we want it faster with less cost and with more resources devoted to improving accessibility. As an industry are interests are aligned with the goal. First of all its the right thing to do. Many of us have experienced the challenges faced by family and friends who are disabled. Second, its in our economic best interest to do so. Theres a misunderstanding and misconception that businesses dont support or want to comply. Let me be very clear more people visiting the Shopping Centers and properties is a good thing. We work with our tenets to find ways to encourage mor more, nots people to come to our properties and we spend millions of dollars each year to accomplish this. Let me be clear on an area theres also agreement that relates to the bad apples. For those persons that fraud they deserve the full weight of enforcement if they choose to ignore compliance and a lawsuit and the threat is the only way to force compliance then so be it. If a simple notice is the fastest and cheapest way to solve the unintended areas of noncompliance why would we not encourage that . Not everyone agrees. Lawsuits by a small group of lawyers have skyrocketed 63 increase from 2013 to 2014 over 4700 lawsuits filed. Unfortunately there are some whose interests are not aligned. These attorneys take a different approach. Approach. The title first and ask questions later and they soon, settle and move on. Their interest is not in improving the accessibility but rather only earning attorneys fees. Many never visit the property and can tell you what violations might be there and never bothered to confirm whether any alleged violations have been resolved. So why do we support this legislation . Because it gives a 60 day window to respond without an immediate lawsuit. It gives 120 days for the opportunity to cure any potential violation. I think we can all agree this is the most efficient and costeffective way to achieve compliance. And lets not forget that enhances Education Training and encourages the use of alternative resolution to speed up enforcement. Lets also be clear what the legislation doesnt do. It doesnt stop the right to sue for noncompliance. It doesnt limit the ability to cover the attorneys fees and it doesnt change the department of justice enforcement rights for state law. It will encourage compliance and stop the tactics of a few. With that i thank you for the opportunity to testify today and i look forward to answering any questions that you might have. Thank you for your testimony will proceed on the fiveminutee rule for the questions. The bill requires a plaintiff to get a Business Owner. As a Business Owner as someone disabled do you believe that its fair to the disabled to require the notice and opportunity to fix the violation before it can be filed . I believe that its fair because there are so many new updates in the regulation for example there were seven items unnecessary and the speaker notes. Its simple i wasnt aware of the regulation. So if you are making changes, let us know and this wouldnt happen. If the community and the citizen knows, this wouldnt happen. I would like to say something. I dont think that youre building here is accessible. I went to the womens restroom and its not accessible and you create and make the law into your building is unsafe so how do you expect a normal citizen to follow your rules if youre not doing it yourself . Thank you. Critics of what is said of efforts to allow for the cure period prior to convincing a lawsuit have argued the Property Owners have a legal obligation to ensure that the property is accessible. They argue that the notice and cure legislation would create a further incentive for Property Owners not to comply until they are sued. How would you