OHI‘s advocacy team, joined by RV park and campground owners and operators from across the country, took to Capitol Hill Tuesday, June 10, for a fly-in advocacy event. The group met directly with Missouri and California legislators and congressional leaders in support of the ACCESS Act (HR 8396), bipartisan legislation that would reform how Americans with Disabilities Act (ADA) website compliance lawsuits are handled against small businesses.
The fly-in comes as a wave of demand letters and legal threats targeting small outdoor hospitality business owners has put family-run businesses on the defensive, forcing costly settlements for unintentional website accessibility oversights before they are ever given a chance to fix them, OHI said. Because defending a federal lawsuit often costs more than settling, even for businesses that could quickly come into compliance, many owners feel they have no choice but to pay.
Among the OHI members participating in the fly-in in Washington is Chris Houghton, co-owner of Calm Waters Cabin Resort in Branson, Missouri. The Houghtons recently received a demand letter threatening federal litigation over alleged ADA website deficiencies, with no prior notice and no opportunity to fix the issue and were forced to settle rather than risk a lawsuit that could have cost more than the business could survive.
“We had absolutely no issue with updating our website,” said Houghton. “The problem was the demand for thousands of dollars in fees, with no warning and no realistic ability to challenge the claim in court. As a small business, we simply cannot absorb the cost of federal litigation.”
The settlement will directly reduce the Houghtons’ seasonal hiring and cut income for local contractors, and with the same attorney understood to have dozens of similar cases open across Missouri, the broader impact on tourism-dependent communities like Branson could be significant.
“Privately owned campgrounds and RV parks are small businesses that want to welcome every traveler and provide positive experiences for all guests, including those with disabilities,” said David Basler, chief strategy officer and SVP of government affairs for OHI. “The ACCESS Act creates a more collaborative approach by giving business owners the opportunity to address accessibility concerns before costly litigation occurs. For many family-owned operations running on thin margins, this legislation provides greater clarity, encourages proactive compliance and helps ensure resources are directed toward improving accessibility, rather than defending against unnecessary legal expenses.”
What the Access Act Would Do:
HR 8396, along with companion legislation being developed in the Senate, would accomplish three key reforms:
- Require that businesses receive written notice of any ADA website compliance concern before legal action can be initiated
- Provide a 60-day cure period for the business to address and correct any identified issues before a lawsuit may be filed
- Update the ADA, enacted in 1990 before website accessibility existed as a concept, to establish clear, defined standards for digital compliance
“As a campground owner, I believe every guest should be able to enjoy the outdoor hospitality experience, and as small business owners we want to do the right thing and make their properties accessible,” said Gene Zanger, partner of Casa de Fruta in Hollister, California. “We like that OHI is supporting the ACCESS Act because it encourages communication and problem-solving by giving business owners the opportunity to address concerns before facing costly and unnecessary litigation. That approach helps us focus our resources on making meaningful improvements that enhance accessibility for our guests.”
“After today’s meetings on Capitol Hill, I can tell you it was definitely worth the time to come here and advocate for my business and this industry,” Houghton said. “I definitely feel like what we are doing here makes a big difference.”
OHI and its members are calling on Congress to advance the ACCESS Act and its Senate companion legislation without delay, maintaining that sensible notice-and-cure reforms protect both accessibility goals and the small businesses that serve millions of outdoor travelers each year.
“OHI is proud to support the ACCESS Act because it promotes both accessibility and fairness for the small businesses that are the backbone of America’s Outdoor Hospitality Industry,” Basler added.
To learn more about OHI’s advocacy efforts visit ohi.org/advocacy.
