The bill directs the Consumer Product Safety Commission (CPSC) to promulgate a mandatory rule and run an awareness campaign to ensure gates meet updated industry safety standards. It was introduced in response to the tragic killing of seven-year-old Alex Quanbeck, who was crushed by a falling gate while playing during recess at school. Alex is one of many individuals whose deaths could have been prevented by improved gate safety standards.

"Simple, affordable safety mechanisms, like fall stop posts, can prevent tragic accidents caused by poorly designed or maintained gates. We’ve seen the devastating impact of these preventable incidents, such as the tragic death of seven-year-old Alex Quanbeck, who was crushed by a falling gate, and the death of Esther Nakajjigo at Arches National Park," said Rep. Curtis. "With the Alex Gate Safety Act, we aim to codify industry standards to save lives and prevent needless heartbreak. I’m pleased to work alongside Congressman Huffman and industry partners to put an end to these avoidable tragedies.”

“The very same gates that are meant to keep our children safe while at school pose far more of a risk than most people realize,” said Rep. Huffman. “Our community never should have lost seven-year-old Alex Quanbeck to a tragic accident that took place while he was playing with friends during recess. His death could have been prevented had the gate at his school been equipped with a simple, inexpensive safety feature that would have prevented the gate from collapsing onto him. That is why I am working with Congressman Curtis to enact updated industry standards nationwide, which will improve gate safety and keep all of us safer, whether we are at school, work, home, or other settings.”

In 2019, seven-year-old Alex Quanbeck was tossing a ball with friends during recess when he attempted to close the schoolyard gate to stop the ball from rolling away. However, as he pushed the gate closed, it detached from its supporting hardware and collapsed on him. Alex was crushed by 300 pounds of metal in a shocking accident, which could have been prevented had the gate been equipped with a simple safety feature that costs no more than $50.

In 2020, Esther Nakajjigo and her husband, Ludovic Michaud, were vacatiaoning at Arches when a gust of wind swung an unsecured gate into the roadway. The end of the gate pierced the passenger side of the couple’s rental car, impaling Nakajjigo and severing her head.

Tragically, Alex and Esther are examples of the many children and adults who have been killed or injured by a faulty gate while at school, work, home, or other settings. To address these safety concerns, consumer advocates, industry professionals, independent experts, and standards organizations came together to update the voluntary industry standards. Representatives Huffman and Curtis are introducing the Alex Gate Safety Act to ensure that the federal government does its part in advancing these simple, inexpensive, and consensus-driven safety standards.

What Supporters Are Saying:

“No family should have to endure the tragedy of a preventable death, and it’s heartening to see Congressman Huffman and Congressman Curtis advance bipartisan, commonsense legislation to protect Americans from falling gates like the one that took Alex’s life. By implementing these simple, inexpensive safety features, this bill will set a new standard for gate safety in America,” said Eric and Dayna Quanbeck, Parents of Alex and Founders of the Hummingbird Alliance.

“The American Fence Association has partnered with the Hummingbird Alliance to champion the issue of gate safety.  Like many, upon hearing the story of Alex Quanbeck, we were impassioned to honor his memory and find ways to prevent future tragedies. Building on the automated gate safety standards the industry developed nearly two decades ago, the fence industry is again uniting to advance gate safety. We could not be more grateful to those who make gate safety a priority in their jobs every day. We thank Congressmen Huffman and Curtis for introducing such an important and life-saving piece of legislation that will be to the benefit of all Americans,” said Michael Reed, Executive Director of the American Fence Association.

“Each year many individuals experience catastrophic and traumatic bodily injury and death due to unsafe regulated gates. The loss of a life or the long and painful road to recovery from injury need not and should not be experienced due to unsafe gates. With the passage of the Alex Gate Safety Act of 2024 all Americans would be better protected against these tragedies,” said John Carroll and Mary Jane Burke, Marin County Superintendent of Schools and Superintendent of Schools Emerita.

“Alex’s needless death occurred in my hometown, the City of San Rafael. When the City was approached by Alex’s family, we wanted to do anything we could to help prevent such accidents from ever happening again. In response, the city developed and adopted a new ordinance, a special building code provision that mandates the installation of gate stoppers. Other cities have followed suit, adopting the same or similar ordinances. But there is more work to do to enhance the safety of gates. It is now Congress’s turn to act,” said Robert F. Epstein, City Attorney of San Rafael.

“Within ASTM and our industry, we made a commitment to review and seek changes to our standards. By adopting language from existing standards, we were able to update our manual gate specifications to include instructions that will help mitigate safety concerns. What may seem like a minor change in language within a document has a huge ripple effect to an industry,” said Ben Shirley, Chair of the ASTM F14 Committee on Fences.

“DASMA is proud to be associated with the Hummingbird Alliance and this important effort to improve gate safety. The crafting of the code language has been a careful, collaborative effort, benefitting from the input of a diverse group of industry professionals, and taking all viewpoints into account. We believe the proposal reflects mature consideration of reasonable, practical, and enforceable provisions that will have a tremendous impact on gate safety for years to come,” said Dave Monsour, Technical Director of the Door & Access Systems Manufacturers Association.

Summary of Alex Gate Safety Act:

·      Directs the Consumer Product Safety Commission (CPSC) to promulgate a mandatory rule to ensure that new gates meet updated industry standards, including that a gate must not fall more than 45 degrees when detached, must not move under its own weight, must have a positive stop, and must cover any rolling wheels.

o   The CPSC may modify the gate safety standard if reasonably necessary to prevent or reduce an unreasonable risk of injury.

·      Directs the CPSC to run an education and awareness campaign to inform industry, consumers and public officials about the dangers associated with gates and methods to prevent death or injury.

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