The Department of Justice (DoJ) has issued a final ruling under Title II of the Americans with Disabilities Act (ADA) to ensure the accessibility of web content and mobile apps for people with disabilities.
The DoJ said the final rule also clarifies the obligations of state and local governments (SLGs) to make their websites and mobile apps accessible.
“Every day, people across the country use the web and mobile apps to access public programs and services, including emergency information, courts, healthcare providers, schools, voting information, parking, permit applications, tax payments, and transit updates,” DoJ said in a statement. “If these technologies are not accessible, it can be difficult or impossible for people with disabilities to access critical services. Consequently, individuals with disabilities may be excluded from accessing public services that other people routinely use.”
In the new rule, the DoJ has adopted an internationally recognized accessibility standard for web access – the Web Content Accessibility Guidelines (WCAG) 2.112 published in June 2018 – as the technical standard for web content and mobile app accessibility. The DoJ is requiring that public entities comply with the WCAG 2.1 Level AA success criteria and conformance requirements.
Due to the requirements of the new rule, the DoJ is staggering its deadlines for compliance. State and local governments with a total population of 50,000 people have two years to comply with the new rule, while SLGs with a population under 50,000 have three years to comply.
“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. I want to thank the many public servants across the Department, led by the Civil Rights Division, for their tremendous work on this rule.”
The rule features provisions for SLGs to offer “conforming alternate versions” of web content in limited situations. A conforming alternate version is a separate version of web content that is accessible, up to date, contains the same information and functionality as the inaccessible web content, and can be reached in particular ways, such as through a conforming page or an accessibility-supported mechanism.
However, the DoJ said it’s concerned that allowing conforming alternate versions of web content could be interpreted to permit a segregated approach and a worse experience for individuals with disabilities. In response the DoJ has said that conforming alternate versions are permissible only when it is not possible to make web content directly accessible due to technical or legal limitations.
“This rule affirms the Justice Department’s unwavering commitment to achieving the promise of the Americans with Disabilities Act — ensuring that people with disabilities can fully and equally participate in our society,” said Acting Associate Attorney General Benjamin C. Mizer. “The rule, which clarifies the standards for making mobile apps and websites accessible, is vital to people’s ability to use and benefit from public programs and services.”
