ADA Lawsuit Clarification Act of 2017

“(A) In general—Subject to subparagraph (B), the”

“(B) Structural barriers to entry into existing public accommodations—A civil action for discrimination under section 302(b)(2) based on the failure to remove a structural barrier to entry into an existing public accommodation may not be commenced by a person aggrieved by such discrimination unless—

“(i) such person has provided to the owner or operator of such accommodation a written notice specific enough to allow such owner or operator to identify such barrier; and

“(ii) beginning on the date such notice was received and—

“(I) before the expiration of 60 days after such date, such owner or operator failed to provide to such person a written description outlining improvements that will be made to remove such barrier; or

“(II)

“(aa) before the expiration of 60 days after such date, such owner or operator provided such description to such person; and

“(bb) before the expiration of 120 days after such description is provided, such owner or operator failed to remove such barrier.

“(C) Special rule relating to structural barriers—An owner or operator may not be held civilly or criminally liable under Federal or State law for conduct constituting a violation described in subparagraph (B) that occurs before the expiration of the 120-day period described in that subparagraph.

“(D) Materials provided in other languages—The Attorney General shall take appropriate actions to make technical assistance publications relating to compliance with this Act available in all the languages commonly used by owners and operators, to the extent practicable”