Stop Weakening Disability Access

I am in opposition to SB907 (Hudson), SB1154 (Nicola), SB1272 (Trent), HB1694 (Christensen), HB1842 (Gallick), SB1471 (Bernskoetter), HB2150 (Wilson), HB1674 (Seitz), HB1780 (Voss), HB1755 (Caton), HB2312 (Costlow), and HB2056 (Vernetti) which seek to create a dangerous and unnecessary legal barrier for people with disabilities seeking equal access to the digital world. This legislation fundamentally undermines the Americans with Disabilities Act, a landmark civil rights law. While framed as a protection against “abusive litigation,” the bill creates a cumbersome, presumption-laden process that will discourage legitimate claims of discrimination. The “Safe Harbor Provision” grants a ninety-day correction period with a rebuttable presumption in favor of the defendant, effectively creating a waiting period that punishes individuals for seeking timely enforcement of their rights. No other civil rights protection operates under such a framework. The bill empowers the attorney general to issue binding “guidance” on what constitutes abusive litigation, centralizing authority in a way that could be used to chill advocacy by disability rights organizations. It also allows courts to award punitive damages against plaintiffs and their attorneys, creating a severe financial deterrent to filing even meritorious lawsuits. Access to websites is not a niche concern. In an era where employment, government services, healthcare, education, and commerce are increasingly conducted online, website accessibility is a fundamental component of equal participation. This bill erects procedural hurdles that will make it harder for individuals with visual, auditory, and motor impairments to hold businesses accountable for exclusionary digital design. The bill’s trigger for expiration upon federal standards from the Department of Justice is an admission that a uniform national framework is preferable. Until that framework exists, Missouri should not create a patchwork of restrictive rules that weaken existing federal protections. Disability rights are civil rights. We do not require victims of housing or employment discrimination to provide pre-litigation notice and a correction period before seeking justice. We should not demand it of people with disabilities who simply want to access a website on equal terms. For these reasons, I urge a no vote on this legislation.