A new rule from the U.S. Department of Justice will establish an accessibility standard for websites and mobile applications under the Americans with Disabilities Act. (Annie Spratt/Unsplash)
More than 30 years after the Americans with Disabilities Act went into effect, federal officials are for the first time imposing rules that clarify how the law applies online.
The U.S. Department of Justice said this month that it will finalize a ruler which describes the technical standards for websites and mobile applications under Title II of the ADA.
The regulation applies to online offerings by state and local governments, which can 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 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 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 faced pressure for years to issue regulations specifying how the ADA applies online. So far, however, the agency has only offered guidance. That has left the room open for 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’s a modern public square,” said Maria Town, president and CEO of the American Association of People with Disabilities. “This rule is a long-overdue recognition that to achieve equal participation in society, as the Americans with Disabilities Act promises, we must address digital discrimination and inaccessibility.”
The Justice Department rule stipulates that web and mobile applications must follow a standard known as Web Content Accessibility Guidelines, or WCAG, Version 2.1, Level AA to address accessibility for those who rely on screen readers, voice, subtitles 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, although some content (mostly archived and some pre-existing information) will be exempt.
“It is important for state and local governments to prioritize so they can choose the most important content, such as current or commonly used information, to make it accessible to people with disabilities quickly,” the Justice Department said.
The rule is expected to be published soon in the Federal Register and take effect 60 days later. At that point, state and local governments will have two or three years to comply with the regulations, depending on their population.
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