Ohio members hold “State Day at the Capitol” event

The ICSC Ohio Government Relations Committee held their annual Day at the State Capitol on February 21. ICSC members shared with state officials how ADA “drive-by” lawsuits have tangibly impacted their businesses and discussed a solution that is advancing in the Ohio Legislature.

HB 271 (McColley, Rezabek) proposes that a person alleging violation of a construction-related accessibility code is to give notice of the allegation before filing a lawsuit. The business owner receiving the notice has an opportunity to respond and bring the property into compliance within 60 days. After that timeframe, a civil lawsuit can seek resolution in court and the award of attorney fees. 

This comes as repeat attorney/plaintiff teams have levied demand letters or lawsuits alleging that a business’s property is out of compliance with the ADA. Sometimes unspecific allegations are made while other claims identify that a sign or bathroom amenity was less than an inch off or the paint of a parking spot was fading. Furthermore, businesses have been forced to settle or go to court instead of being empowered to devote resources immediately to cure the issue. 

HB 271 seeks a productive resolution by incentivizing the remedy of alleged violations while preserving the full right to pursue “bad actors” who ignore compliance. Reported out of the House Civil Justice Committee in February by an 11-0 favorable vote, a full House vote is expected to occur in the near future.

ICSC members met with 15 legislative offices over the course of the day—including a meeting to thank McColley for his leadership on notice and cure legislation to curb ADA “drive-by” lawsuits. Additionally, ICSC members met with the Ohio EPA and discussed stormwater regulation and other environmental topics of importance to the retail real estate industry.