With commitment from nearly all Democratic senators to oppose HR 620, Duckworth has gained enough votes to filibuster any attempt to bring the bill to the Senate floor.
Last week, Sen. Tammy Duckworth (D-IL) and 42 of her Democratic Senate colleagues wrote to Majority Leader Mitch McConnell (R-KY) pledging to block a vote on the ADA Education and Reform Act (HR 620). Passed in the U.S. House of Representatives in February, HR 620 would devastate the Americans with Disabilities Act of 1990 (ADA) by undermining enforcement provisions that safeguard accessibility in public accommodations.
Forty-three senators committing to oppose a Senate version of HR 620 is enough to filibuster the legislation, making it unlikely that a vote will go to the floor at this time. This, advocates say, warrants a celebration.
As I have explained previously for Rewire.News, HR 620 is an assault on disability rights and completely upends enforcement of the ADA. Since the ADA’s passage nearly 28 years ago, people with disabilities have enjoyed two means for enforcing their rights under the ADA if a business is inaccessible: They can bring a lawsuit in court or file a complaint with the U.S. Department of Justice (DOJ), which will investigate the alleged accessibility barrier and determine if the business violated the ADA. If the DOJ decides that the business did violate the law, the agency may sue the business on the person’s before or enter into mediation with the complainant and business. Both means of enforcement generally allow for a swift resolution.
However, if HR 620 becomes law, enforcement of the ADA will become burdensome for people with disabilities. This, in turn, will likely lead to less accessibility in public accommodations.