[blindlaw] More Delay for DOJ Web Regs - Does it Matter?, Law Office of Lainey Feingold, June 2 2014

Sat Jul 19 08:57:21 UTC 2014

Myabe we should convince them the regs are need for all the people crossing
our borders.  

Loren 

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Subject: [blindlaw] More Delay for DOJ Web Regs - Does it Matter?, Law
Office of Lainey Feingold, June 2 2014

Link:
http://lflegal.com/2014/06/doj-delay/

Text:
More Delay for DOJ Web Regs - Does it Matter?
[cid:image003.jpg at 01CFA1C4.31CA57C0]Surprise Surprise. The United States
Department of Justice has announced another delay in its long awaited
website accessibility rules. The rules, if they are ever enacted, will
address technical standards and obligations of state and local government
agencies and public accommodations (private entities covered by the
Americans with Disabilities Act) to make websites accessible to people with
disabilities.
According to information released the last week in May, the next step in the
regulatory process for private sector websites is now scheduled for March
2015. The next step for any rules governing state and local government web
sites is this summer. These dates have been moved so many times that few in
the field give them much credence. I certainly don't. But despite the delay,
and as described below, the DOJ has shown by its
actions<http://lflegal.com/2014/06/doj-delay/#ADA> that entities with access
barriers on their websites run afoul of federal law TODAY.
Saying that the DOJ "announced" its most recent delay is an overstatement.
"Whispered" might be a better word. The news was buried in what is called a
Unified Agenda. Federal agencies are supposed to regularly update the public
about pending regulations. The web regulations have been pending since July
26, 2010 when the DOJ issued its Advanced Notice of Proposed Rule Making
(ANPRM). The public comment period ended on January 24, 2011. Ever since
then, the DOJ has been announcing deadlines for the next step - and then
moving those deadlines as the target date approaches.
That next step in the rulemaking process is the Notice of Proposed Rule
Making, or NPRM. Once (if) the NPRM is issued, there will be another public
comment period, and (maybe) eventually there will be a final rule. You can
find the new dates for the NPRMs at the very end of documents about web
regulations published last week.
*      Read the updated DOJ document about state and local government web
regulations<http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201404&RI
N=1190-AA65>.
*      The updated document for private sector web
regulations<http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201404&RI
N=1190-AA61> moves the NPRM date to March 2015.
Hats off to the ADA Title III blog of defense firm Seyfarth
Shaw<http://www.adatitleiii.com/>, which first uncovered the hard-to-find
new dates for the regulations.
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We May Not Have Regulations, but We Still Have the ADA Even though it can't
seem to issue web accessibility regulations, the United States Department of
Justice has recently been a forceful advocate for web accessibility. The
Department has been crystal clear that the ADA already requires websites to
be accessible.
In May 2012 the Department filed a Statement of Interest in litigation
against Netflix<http://www.ada.gov/briefs/netflix_SOI.pdf> for failing to
caption streaming video. The Department agreed with the National Association
of the Deaf that the lack of captioning violated the ADA:
[T]he Department of Justice ("DOJ" or the "Department") has long interpreted
title III to apply to web services, and DOJ's ongoing regulatory
developments concerning the accessibility of web content and services
support that Netflix is a public accommodation subject to title III of the
ADA.U.S. DOJ Netflix Statement of Interest at page 4.
The fact that that the regulatory process is not yet complete does not
support any inference whatsoever that web-based services are not already
covered by the ADA, or should not be covered by the ADA. U.S. DOJ Netflix
Statement of Interest at page 12.
Consistent with its actions in Netflix, the DOJ recently filed papers in a
South Florida case challenging a company's failure to have point of sale
devices that allow blind customers to independently enter their PIN.
Referring to websites, the Department told the Court that the ADA applies to
issues not expressly mentioned in the law:
Indeed, there are many instances where the Department has found physical and
communication barriers not specifically identified in its regulation or the
ADA Standards to be covered under title III. For example, the Department has
long considered websites to be covered by title III despite the fact that
there are no specific technical requirements for websites currently in the
regulation or ADA Standards. April 10, 2014 Statement of Interest Filed by
DOJ in Lucky Brand case Read the DOJ Statement of Interest in the South
Florida case against Lucky
Brand<http://www.ada.gov/briefs/lucky_brand_soi.pdf>. The DOJ's activity in
the case is listed in its summary of enforcement
activities<http://www.ada.gov/enforce_activities.htm#luckybrand>.
And in March of this year, the Department entered into a Consent Decree with
H&R Block requiring accessibility of its websites and mobile apps under the
Americans with Disabilities Act. The Consent Decree requires that the tax
giant comply with the Web Content Accessibility Guidelines (WCAG) 2.0, which
the Department described as "[t]he recognized international industry
standards for web accessibility." Read the DOJ press release announcing the
H&R Block
settlement<http://www.justice.gov/opa/pr/2014/March/14-crt-239.html>. The
H&R Block Consent Decree<http://www.ada.gov/hrb-cd.htm> is also online.
No More Excuses
With these recent actions by the Department of Justice, there is no excuse
for any site owner or developer to wait for regulations before undertaking
digital accessibility plans. The ADA requires web accessibility. People with
disabilities need web accessibility. It's good coding practice, good
usability practice, good for business. And there is a recognized
international standard that works. Let's stop waiting for regulations. Let's
start making the promise of a web for everyone a reality.
Resources on LFLegal about the DOJ Web Regulations
*      July 2010 post about the Advanced Notice of Proposed Rulemaking
regarding web accessibility<http://lflegal.com/2010/07/doj-anprm/>, with
links to the DOJ ANPRM.
*      My January 2011 testimony before the Department of
Justice<http://lflegal.com/2011/01/doj-testimony/> during the public comment
period on the proposed web regulations.
*      In July, 2011 I wrote about continued frustration with the
Department's delayed regulations<http://lflegal.com/2011/07/web-delay/>.
________________________________

Simplified Summary: This is a post about the U.S. Department of Justice. In
2010 the Agency began a process to create rules about website accessibility.
There are still no rules. The Department keeps delaying them. Last week the
DOJ said the next step towards rules for websites won't happen until March
2015. The next step for state and local government websites might be this
summer. But the DOJ has also been involved in court cases about web
accessibility. In those cases the Department is clear that websites should
be accessible. There is no reason to wait for new regulations. Websites
should be accessible today.

Filed under Accessibility Laws and
Regulations<http://lflegal.com/category/accessibility-laws-and-regulations/>
, News and Articles<http://lflegal.com/category/articles/>, Web
Accessibility<http://lflegal.com/category/web-accessibility/> on Jun 2nd,
2014<http://lflegal.com/2014/>