[blindLaw] Feds Move To Increase Accessibility For People With Disabilities Online - Disability Scoop - April 15, 2024

[christophergbell at comcast.net]

Notwithstanding the continuing lack of website accessibility standards under
ADA Title III, Private entities covered by §504, such as universities and
colleges, may be surprised to learn that the federal courts and DOJ/ED will
likely look to the Title II web accessibility standards in §504
administrative  and litigation claims filed due  to their inaccessible
websites. Federal courts interpret §504 and ADA Title II substantive
standards as the same.  I don't think the absence of promulgated ADA Title
III web standards will shield §504 entities from such litigation.  The
extent of this new obligation is significant.  See the attachments regarding
DOJ's Complaint and Consent Decree against UC Berkely for an example of the
breadth of this obligation.
	
-----Original Message-----
From: BlindLaw <blindlaw-bounces at nfbnet.org> On Behalf Of Nightingale, Noel
via BlindLaw
Sent: Tuesday, April 16, 2024 1:55 PM
To: blindlaw at nfbnet.org
Cc: Nightingale, Noel <Noel.Nightingale at ed.gov>
Subject: [blindLaw] Feds Move To Increase Accessibility For People With
Disabilities Online - Disability Scoop - April 15, 2024


https://www.disabilityscoop.com/2024/04/15/feds-move-to-increase-accessibili
ty-for-people-with-disabilities-online/30830/
Feds Move To Increase Accessibility For People With Disabilities Online By
Shaun Heasley Disability Scoop April 15, 2024

More than 30 years after the Americans with Disabilities Act took effect,
federal officials are imposing first-ever rules clarifying how the law
applies online.
The U.S. Department of Justice said this month that it will finalize a rule
outlining technical standards for websites and mobile apps under Title II of
the ADA.
The regulation applies to online offerings from state and local governments,
which can include everything from public transportation and voter
registration to emergency services, schools, health care providers and tax
authorities.
"This final rule marks the Justice Department's latest effort to ensure that
no person is denied access to government services, programs or activities
because of a disability," said Attorney General Merrick B. Garland. "By
issuing clear and consistent accessibility standards for state and local
governments' digital content, this rule advances the ADA's promise of equal
participation in society for people with disabilities."
Many websites remain inaccessible to people with disabilities and the
Justice Department has faced pressure for years to issue regulations
specifying how the ADA applies online. Until now, however, the agency has
only offered guidance. That has left the space wide open to litigation as
more and more facets of life have shifted online, particularly during the
COVID-19 pandemic.
"So much of life today takes place on the web and on apps - it is a modern
public square," said Maria Town, president and CEO of the American
Association of People with Disabilities. "This rule is a long-awaited
recognition that to achieve equal participation in society, as promised by
the Americans with Disabilities Act, we must address digital discrimination
and inaccessibility."
The Justice Department rule stipulates that web and mobile apps should
follow a standard known as Web Content Accessibility Guidelines, or WCAG,
Version 2.1, Level AA to address accessibility for those relying on screen
readers, speech recognition software, captioning for videos, visual contrast
and more.
The requirements apply even if a third-party creates or updates a web page
or mobile app for a government entity, officials said, though some content
--primarily archived and certain preexisting information - will be exempt.
"It is important that state and local governments can prioritize so they can
choose the most important content - like current or commonly used
information - to make accessible to people with disabilities quickly," the
Justice Department said.
The rule is expected to be published in the Federal Register soon and will
take effect 60 days later. At that point, state and local governments will
have two or three years to come into compliance with the regulations,
depending on their population.



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