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CONGRESSIONAL RECORD— Extensions of Remarks E751 HON May 19, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E751 know my colleagues in the United States within 120 days, rather than waiting for lengthy THE IMPORTANCE OF OUR House of Representatives join me in congratu- legal battles to play out, is a more thoughtful, TECHNICAL COLLEGES lating them on this momentous occasion. timely, and reasonable approach. f While the ADA is a national law, California has become ground zero for ADA violation HON. JOE WILSON IN SUPPORT OF H.R. 241, THE lawsuits. In fact, California is home to more OF SOUTH CAROLINA ACCESS ACT federal disability lawsuits than the next four states combined. A 2014 report determined IN THE HOUSE OF REPRESENTATIVES HON. KEN CALVERT that since 2005, more than 10,000 federal Thursday, May 19, 2016 OF CALIFORNIA ADA lawsuits had been filed in the five states IN THE HOUSE OF REPRESENTATIVES with the highest disabled populations; 7,188 of Mr. WILSON of South Carolina. Mr. Speak- Thursday, May 19, 2016 which were filed in California. Violating the er, yesterday, the Committee on Education ADA in California carries a minimum $4,000 and the Workforce, under the leadership of Mr. CALVERT. Mr. Speaker, I was pleased penalty in addition to the plaintiffs legal fees. Chairman JOHN KLINE held a hearing on the to have had the opportunity to testify today at As of 2014, according to the U.S. Census Bu- the U.S. House Judiciary Committee, Sub- reau, 31 individuals made up at least 56 per- importance of reauthorizing the Carl D. Per- committee on Constitution and Civil Justice cent of federal disability lawsuits in California. kins Career and Technical Education Act. Hearing, ‘‘Examining Legislation to Promote As was mentioned during the second panel of This Act provides individuals with the nec- the Effective Enforcement of the ADA’s Public today’s hearing, California has 12 percent of essary academic and technical tools to suc- Accommodation Provisions.’’ the nation’s disabled population, but accounts ceed in this skills-based jobs market. We As you know, the Americans with Disabil- for over 40 percent of ADA lawsuits. Those should support our career and technical col- ities Act is undoubtedly one of the most impor- figures and the real life toll it takes on small leges that improve the lives of many hard- tant pieces of civil rights legislation. We can all business owners, are why I introduced this working Americans. agree that providing all Americans with access legislation to allow for a ‘‘fix-it’’ period. to public accommodations is an invaluable leg- However, it is clear that this is not just a In South Carolina, we have sixteen remark- islative objective. major problem in California. The introduction, able technical colleges that have been suc- The purpose of the ADA is to ensure access in November 2015, of similar legislation by the cessful in helping to create jobs throughout for the disabled to public accommodation and gentleman from Texas, Representative TED the state and particularly the Second Congres- provide appropriate remedial action for those POE, shows just that. His legislation authorizes sional District. Apprenticeship Carolina has who have suffered harm as a result of non- a training and education component for the af- been successful in creating more than 15,000 compliance. Although there are times when fected community and Certified Access Spe- apprentices to date, partnering with busi- litigation by harmed individuals is necessary, cialists, which I would welcome and embrace nesses such as Michelin and Continental. there are an increasing number of lawsuits as an amendment to my bill. Thank you to their Director Brad Neese and brought under the ADA that are based upon a This is also a bipartisan issue supported by the South Carolina technical college presi- desire to achieve financial settlements rather states. I was pleased to see that California SB dents. A special congratulations to Dr. Forest than to achieve the appropriate modifications 269 passed unanimously in the State Assem- Mahan, who was selected to be the fifth presi- for access. These lawsuits filed by serial liti- bly and Senate, and was signed into law by dent of Aiken Technical College on Monday. gants, often referred to as ‘‘drive-by lawsuits,’’ Governor Jerry Brown on May 10th, 2016. SB Godspeed President Susan Winsor. place exorbitant legal fees on small busi- 269 was authored by a friend of mine, Demo- nesses, and often times business owners are cratic State Senator, Gen. Richard Roth. The In conclusion, God Bless Our Troops and unaware of the specific nature of the allega- legislation is similar to the ACCESS Act in that may the President by his actions never forget tions brought against them. it allows businesses to take immediate steps September 11th in the Global War on Ter- In early 2011, frivolous ADA lawsuits to become accessible by providing them with rorism. against small businesses reached an all-time 120 days, from receipt of a Certified Access high throughout California, and as a result, my Specialist report, to resolve any identified vio- f good friend and colleague, former Congress- lations without being subject to litigation costs man Dan Lungren (R–CA), championed the or statutory penalties. I worry that with Cali- TRIBUTE TO THE SUNSHINE CLUB issue and introduced the original ACCESS Act fornia acting to curb these lawsuits, some of (H.R. 3356) in the 112th Congress. I was these serial litigants will try their trade in other pleased to have been afforded the opportunity states. HON. DAVID YOUNG to take over the legislation for reintroduction Without question, the ACCESS Act will en- OF IOWA beginning in the 113th Congress. In January sure that the ADA is used for its true purpose 2015, I reintroduced the legislation as H.R. of guaranteed accessibility to public accom- IN THE HOUSE OF REPRESENTATIVES 241, the ACCESS Act (ADA Compliance for modations for all Americans while eliminating Customer Entry to Stores and Services). abusive, costly and unnecessary lawsuits for Thursday, May 19, 2016 H.R. 241 is a cost-free and commonsense small business owners. Mr. YOUNG of Iowa. Mr. Speaker, I rise piece of legislation that would alleviate the fi- It is more important than ever that the today to recognize the Sunshine Club for their nancial burden small businesses are facing, House of Representatives act to move this 61st year of fellowship, service and support in while still fulfilling the purpose of the ADA. Any vital piece of legislation. central Iowa. person aggrieved by a violation of the ADA f would provide the owner or operator with a The Sunshine Club was founded in 1955 by PERSONAL EXPLANATION written notice of the violation, specific enough three residents of the Morrisburg area, south to allow such owner or operator to identify the of Panora, Iowa. The club’s membership today barrier to their access. Within 60 days the HON. RODNEY P. FRELINGHUYSEN has 22 members of various ages who reside owner or operator would be required to pro- OF NEW JERSEY in the areas of Panora, Stuart, Menlo, Dexter, IN THE HOUSE OF REPRESENTATIVES vide the aggrieved person with a description Redfield and Casey. Its threefold purpose of outlining improvements that would be made to Thursday, May 19, 2016 service to their community, socializing and en- address the barrier. The owner or operator Mr. FRELINGHUYSEN. Mr. Speaker, on joying life is what brings them together. Club would then have 120 days to make the im- Monday May 16, my return to Washington, members now say that faith, friendship and provement. The failure to meet any of these D.C. was unavoidably delayed. As a result, I food has kept the group together this long. conditions would allow the lawsuit to go for- missed two recorded votes. ward. On Roll Call Vote Number 194, H.R. 4743— Mr. Speaker, I commend the Sunshine Club I think we can all agree that we must ensure National Cybersecurity Preparedness Consor- for making their communities in central Iowa a that individuals with disabilities are afforded tium Act; better place to live by their acts of service. I the same access and opportunities as those On Roll Call Vote Number 195, H.R. 4407— ask that my colleagues in the United States without disabilities. Frivolous lawsuits do not Counterterrorism Advisory Board Act; House of Representatives join me in congratu- accomplish this goal. Allowing small business Had I been present, I would have voted lating the Sunshine Club and wishing them owners and cities alike to fix ADA violations Yes. nothing but continued success. VerDate Sep 11 2014 05:20 May 20, 2016 Jkt 059060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A19MY8.019 E19MYPT1 smartinez on DSK3GLQ082PROD with REMARKS E752 CONGRESSIONAL RECORD — Extensions of Remarks May 19, 2016 HONORING JENNY KAYLIN A second bus traveled to Birmingham, Ala- Black Heritage Council. A special thanks to HUNZICKER ON BEING ACCEPTED bama. Those Freedom Riders were also met historian Dr. J. Mills Thornton who played a BY THE NATIONAL ACADEMY OF by angry mobs and were savagely beaten, pivotal role in the creation of the Museum. FUTURE PHYSICIANS AND MED- some by metal pipes. The Birmingham Public The Freedom Riders are quintessential ex- ICAL SCIENTISTS AS A DELE- Safety Commissioner at the time stated that amples of how change can happen when we GATE TO THE CONGRESS OF FU- he knew the Freedom Riders would be met work together and fearlessly stand for what is TURE MEDICAL LEADERS with violence but posted no police protection right. I give us all the charge to—like the Free- because it was a holiday—Mother’s Day.
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