NCCR Applauds Foley for Frivolous Lawsuit Bill

Washington, DC, February 12, 2003 - Terrie Dort, President of the National Council of Chain Restaurants (NCCR), praised the efforts of Rep. Mark Foley (R-FL) upon the introduction of his "ADA Notification Act."

"This bill is aimed at reducing the number of frivolous lawsuits filed by unscrupulous trial lawyers who prey on the disabled in order to make a quick buck," said Dort. "Congressman Foley's legislation strikes the right balance between giving a business owner appropriate notice of a possible ADA violation, and the rights of the disabled to access places of public accommodation. It's a win-win situation for the disabled and the business community alike."

The ADA Notification Act would require a potential plaintiff in a lawsuit brought under Title III of the Americans with Disabilities Act (ADA) to notify a defendant regarding alleged ADA violations prior to filing suit. The defendant, usually an owner or operator of a business that caters to the public, would be given 90 days to correct any violations under the ADA before the plaintiff could sue in federal court. The legislation would close a loophole in the ADA that permits trial lawyers to threaten business owners with costly lawsuits unless the owner agrees to pay a plaintiff's legal fees, which are often inflated to thousands of dollars for very little legal work.

The National Council of Chain Restaurants (NCCR), a division of the National Retail Federation (NRF), is a national trade association representing forty-five of the nation's largest multi-unit, multi-state chain restaurant companies. These forty-five companies own and operate more than 50,000 restaurant facilities. Additionally, through franchise and licensing agreements, another 70,000 facilities are operated under their trademarks. In the aggregate, NCCR's member companies and their franchisees employ more than 2.8 million Americans. For more information about NCCR, visit www.nccr.net. For more information about NRF, visit their web site at www.nrf.com.