New rules from the U.S. Department of Justice establish standards for website and mobile app accessibility under the Americans with Disabilities Act. (Annie Spratt/Unsplash)
More than 30 years after the Americans with Disabilities Act was enacted, federal officials are implementing the first rules to clarify how the law applies online.
The Department of Justice announced this month that it will finalize a rule outlining technical standards for websites and mobile apps under Title II of the ADA.
The regulations would apply to online services provided by state and local governments, which could include everything from public transportation and voter registration to emergency services, schools, health care providers and tax authorities.
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“This final rule marks the Department of Justice’s latest effort to ensure that no one is denied access to government services, programs, or activities because of a disability,” said Attorney General Merrick B. Garland. “By establishing clear, consistent accessibility standards for state and local government 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 Department of Justice has been under pressure for years to enact regulations governing how the ADA applies online, but until now it has only offered guidance, leaving the area vulnerable to litigation as more aspects of life move online, especially during the COVID-19 pandemic.
“So much of modern life takes place on the web and in apps: it is our modern public square,” said Maria Towne, president and CEO of the American Council on Disabilities. “This rule is a long-awaited recognition that digital discrimination and accessibility issues must be addressed if we are to achieve equal participation in society as promised in the Americans with Disabilities Act.”
The Justice Department’s regulations state that web and mobile apps must follow a standard called the Web Content Accessibility Guidelines (WCAG) Version 2.1 Level AA to address accessibility for people who use screen readers, voice recognition software, video captioning, visual contrast and more.
The requirement would also apply if a third party creates or updates a government webpage or mobile app, but primarily exempts archived content and certain pre-existing information, officials said.
“It is important that state and local governments prioritize and select the most important content, such as the most up-to-date and most frequently used information, to make it readily accessible to people with disabilities,” the Justice Department said.
The rule is expected to be published in the Federal Register soon and go into effect 60 days later, at which point state and local governments will have two to three years to comply with the rule, depending on their population.
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