1     
UTAH ALTERNATIVE DISPUTE PROCESS FOR ADA

2     
COMPLAINTS ACT

3     
2020 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Norman K. Thurston

6     
Senate Sponsor: Todd Weiler

7     

8     LONG TITLE
9     General Description:
10          This bill enacts an alternative process for alleged violations of the Americans with
11     Disabilities Act.
12     Highlighted Provisions:
13          This bill:
14          ▸     defines terms;
15          ▸     creates a process to notify persons of alleged violations of the public
16     accommodation protections of the Americans with Disabilities Act;
17          ▸     addresses civil actions brought under the Americans with Disabilities Act; and
18          ▸     provides a severability clause.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     ENACTS:
25          78B-8-701, Utah Code Annotated 1953
26          78B-8-702, Utah Code Annotated 1953
27          78B-8-703, Utah Code Annotated 1953

28          78B-8-704, Utah Code Annotated 1953
29          78B-8-705, Utah Code Annotated 1953
30     

31     Be it enacted by the Legislature of the state of Utah:
32          Section 1. Section 78B-8-701 is enacted to read:
33          78B-8-701. Definitions.
34          As used in this part:
35          (1) "Americans with Disabilities Act" means the public accommodation protections of
36     Title III of the Americans with Disabilities Act, 42 U.S.C. Secs. 12181 through 12189.
37          (2) "Prospective defendant" means a person that is an owner, lessor, or operator of a
38     public accommodation, or a designated agent of the owner, lessor, or operator for service of
39     process.
40          (3) "Prospective plaintiff" means an individual with a disability who may bring a cause
41     of action under the Americans with Disabilities Act, 42 U.S.C. Sec. 12188.
42          (4) "Public accommodation" means the same as that term is defined in 42 U.S.C. Sec.
43     12181.
44          Section 2. Section 78B-8-702 is enacted to read:
45          78B-8-702. Notice of a violation.
46          (1) Rather than file a civil action for an alleged violation of the Americans with
47     Disabilities Act, a prospective plaintiff may notify the prospective defendant of the alleged
48     violation.
49          (2) A prospective defendant that receives notice of an alleged violation under
50     Subsection (1) shall have a reasonable amount of time to remedy the alleged violation.
51          (3) If a prospective defendant receives notice of an alleged violation in accordance with
52     Subsection (1) and fails to remedy the alleged violation within a reasonable amount of time, a
53     prospective plaintiff may provide the prospective defendant with written notice of the alleged
54     violation.
55          (4) A written notice under Subsection (3) shall include:
56          (a) the name and contact information of the prospective plaintiff, and if applicable, the
57     prospective plaintiff's attorney;
58          (b) detailed information about the alleged violation of the Americans with Disabilities

59     Act, including:
60          (i) a description of the alleged violation;
61          (ii) the date on which the alleged violation occurred or was encountered; and
62          (iii) the location of the alleged violation at the place of public accommodation;
63          (c) a statement that the prospective defendant has 90 days after the day on which the
64     prospective defendant receives written notice to remedy the alleged violation;
65          (d) if possible, the name and contact information of an organization that can provide
66     the prospective defendant with an inspection, reasonably priced or free of charge, to determine
67     whether the public accommodation is in compliance with the Americans with Disabilities Act;
68          (e) a statement that the prospective defendant has 14 days after the day on which the
69     prospective defendant receives the written notice to respond and indicate whether the
70     prospective defendant will remedy the alleged violation;
71          (f) the amount of reasonable attorney fees and costs that the prospective defendant
72     owes the prospective plaintiff under Subsection (7); and
73          (g) an unsworn declaration stating that the prospective plaintiff provided the
74     prospective defendant with the notice described in Subsection (1).
75          (5) If a prospective plaintiff sends a written notice under Subsection (3), the
76     prospective defendant shall be given 90 days after the day on which the prospective defendant
77     receives the written notice to remedy any alleged violation in the written notice.
78          (6) (a) Except as provided in Subsection (6)(b), if a prospective plaintiff sends a
79     written notice under Subsection (3), the prospective defendant shall obtain an inspection of the
80     public accommodation to determine whether the place of public accommodation is in
81     compliance with the Americans with Disabilities Act.
82          (b) If the prospective defendant is unable to obtain an inspection under Subsection
83     (6)(a) for a reasonable price or free of charge, the prospective defendant is not required to
84     obtain the inspection under this section.
85          (c) If the prospective defendant obtains an inspection, the prospective defendant is
86     required to provide the prospective plaintiff with proof of an inspection but is not required to
87     provide the prospective plaintiff with the results of that inspection.
88          (7) A prospective plaintiff may demand no more than the cost of one hour of
89     reasonable attorney fees from the prospective defendant in the written notice described in

90     Subsection (4).
91          (8) An unsworn declaration under this section shall conform to the requirements of
92     Chapter 18a, Uniform Unsworn Declarations Act.
93          Section 3. Section 78B-8-703 is enacted to read:
94          78B-8-703. Final warning of a violation.
95          (1) A prospective plaintiff may provide a prospective defendant with a final warning of
96     an alleged violation of the Americans with Disabilities Act if the prospective plaintiff provided
97     the prospective defendant with notice of the alleged violation in accordance with Section
98     78B-8-702 and the prospective defendant failed to remedy the alleged violation within the
99     90-day period described in Section 78B-8-702.
100          (2) A final warning under Subsection (1) shall include:
101          (a) a copy of the written notice and unsworn declaration described in Section
102     78A-8-702;
103          (b) a statement that the prospective defendant has 30 days after the day on which the
104     final warning is received to remedy the alleged violation;
105          (c) a statement that the prospective defendant must provide the prospective plaintiff
106     with proof that an inspection of the public accommodation has been conducted to determine
107     whether the public accommodation is in compliance with the Americans with Disabilities Act
108     and that the prospective defendant is responsible for the costs of the inspection;
109          (d) a statement that the prospective defendant has 14 days from the day on which the
110     prospective defendant receives the final warning to respond and indicate whether the
111     prospective defendant will remedy the alleged violation; and
112          (e) the amount of reasonable attorney fees and costs that the prospective defendant
113     owes the prospective plaintiff under Subsection (5).
114          (3) If a prospective plaintiff sends a final notice under Subsection (1), the prospective
115     defendant shall be given 30 days after the day on which the prospective defendant receives the
116     final warning to remedy an alleged violation.
117          (4) (a) If a prospective plaintiff sends a final warning under this section, the
118     prospective defendant shall obtain an inspection, at the prospective defendant's expense, to
119     determine whether the public accommodation is in compliance with the Americans with
120     Disabilities Act.

121          (b) A prospective defendant is required to provide the prospective plaintiff with proof
122     of the inspection described in Subsection (4)(a) but is not required to provide the prospective
123     plaintiff with the results of that inspection.
124          (5) A prospective plaintiff may demand no more than the cost of one hour of
125     reasonable attorney fees from the prospective defendant in the final warning described in
126     Subsection (2).
127          Section 4. Section 78B-8-704 is enacted to read:
128          78B-8-704. Filing a civil action.
129          This part does not prevent a prospective plaintiff from seeking any available remedies
130     for an alleged violation under the Americans with Disabilities Act.
131          Section 5. Section 78B-8-705 is enacted to read:
132          78B-8-705. Severability.
133          (1) If any provision of this part or the application of any part to any person or
134     circumstance is held invalid by a court, the remainder of this part shall be given effect without
135     the invalid provision or application.
136          (2) The provisions of this part are severable.