This bill, known as the ACCESS Act of 2026, aims to amend the Americans with Disabilities Act of 1990 (ADA) by promoting compliance through education, clarifying demand letter requirements, and instituting a notice and cure period before private civil actions can commence. Its core purpose is to foster more efficient and less litigious resolution of accessibility issues. The legislation directs the Department of Justice's Disability Rights Section to develop an education program for state and local governments and property owners. This program will focus on effective strategies for promoting public accommodation access for individuals with disabilities, potentially including training for Certified Access Specialists. Furthermore, technical assistance publications related to ADA compliance are to be made available in multiple languages commonly used by U.S. business owners. A significant provision introduces a notice and cure period for civil actions concerning architectural or technological barriers to access in existing public accommodations. Before filing a lawsuit, an aggrieved person must provide a written notice to the owner or operator, specifically identifying the barrier. The owner or operator then has 60 days to either provide a written description of planned improvements or make substantial progress in removing the barrier. The written notice must specify details of the alleged violation, including the property address or website/app access information, whether assistance was requested, and if the barrier was permanent or temporary. If the owner fails to respond or make progress within the specified timeframe, the civil action may proceed. Additionally, the bill mandates the Judicial Conference of the United States to develop a model program for alternative dispute resolution , such as mediation, for architectural barrier claims. This program aims to resolve access issues quickly and efficiently, potentially including a stay of discovery during mediation. Finally, the Attorney General is required to conduct a study within one year to assess whether WCAG 2.0 standards, accessibility widgets, or telephone access provide reasonable accommodations under the ADA.
This bill, known as the ACCESS Act of 2026, aims to amend the Americans with Disabilities Act of 1990 (ADA) by promoting compliance through education, clarifying demand letter requirements, and instituting a notice and cure period before private civil actions can commence. Its core purpose is to foster more efficient and less litigious resolution of accessibility issues. The legislation directs the Department of Justice's Disability Rights Section to develop an education program for state and local governments and property owners. This program will focus on effective strategies for promoting public accommodation access for individuals with disabilities, potentially including training for Certified Access Specialists. Furthermore, technical assistance publications related to ADA compliance are to be made available in multiple languages commonly used by U.S. business owners. A significant provision introduces a notice and cure period for civil actions concerning architectural or technological barriers to access in existing public accommodations. Before filing a lawsuit, an aggrieved person must provide a written notice to the owner or operator, specifically identifying the barrier. The owner or operator then has 60 days to either provide a written description of planned improvements or make substantial progress in removing the barrier. The written notice must specify details of the alleged violation, including the property address or website/app access information, whether assistance was requested, and if the barrier was permanent or temporary. If the owner fails to respond or make progress within the specified timeframe, the civil action may proceed. Additionally, the bill mandates the Judicial Conference of the United States to develop a model program for alternative dispute resolution , such as mediation, for architectural barrier claims. This program aims to resolve access issues quickly and efficiently, potentially including a stay of discovery during mediation. Finally, the Attorney General is required to conduct a study within one year to assess whether WCAG 2.0 standards, accessibility widgets, or telephone access provide reasonable accommodations under the ADA.