Small outdoor hospitality businesses are facing a growing threat from ADA website lawsuits, with many forced to pay costly settlements before fixing issues. A recent fly-in advocacy event in Washington D.C. brought together business owners and advocates to push for reform. The event was attended by OHI's advocacy team and representatives from RV park and campground owners across the country.
The fly-in comes as a wave of demand letters and legal threats has put family-run businesses on the defensive, forcing costly settlements before they can fix their website accessibility issues. This has resulted in many small business owners feeling they have no choice but to pay, even if they could quickly come into compliance with the Americans with Disabilities Act.
Chris Houghton, co-owner of Calm Waters Cabin Resort in Branson, Missouri, recently received a demand letter threatening federal litigation over alleged ADA website deficiencies. The settlement will directly reduce his seasonal hiring and cut income for local contractors, highlighting the broader impact on tourism-dependent communities like Branson.
Houghton expressed frustration with the process, stating 'We had absolutely no issue with updating our website..The problem was the demand for thousands of dollars in fees, with no warning and no realistic ability to challenge the claim in court.' This sentiment is echoed by OHI's chief strategy officer and SVP of government affairs, David Basler.
Basler emphasized that privately owned campgrounds and RV parks are small businesses that want to welcome every traveler and provide positive experiences for all guests. 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 would accomplish three key reforms: requiring written notice of any ADA website compliance concern, providing a 60-day cure period for businesses to address and correct identified issues, and addressing the issue of 'abuse' in the current system. These reforms aim to reduce unnecessary legal expenses and promote proactive compliance.
By giving business owners a chance to fix their website accessibility issues before being sued, the ACCESS Act has the potential to improve the experiences of travelers with disabilities and promote greater inclusivity in the outdoor hospitality industry.
The proposed legislation is bipartisan, with companion bills being developed in the Senate. The OHI advocacy team and RV park representatives are urging lawmakers to support this critical reform and ensure that small businesses can thrive without being overwhelmed by costly lawsuits.
As the debate continues over the ACCESS Act, it remains to be seen whether these reforms will become law. However, for now, advocates like OHI are pushing forward with their efforts to promote greater accessibility and inclusivity in the outdoor hospitality industry.
The ACCESS Act provides a more collaborative approach to addressing accessibility concerns, giving business owners the opportunity to address issues proactively.
