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Re: The cost of accessibility

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From: Waltenberger, Lon (LNI)
Date: Oct 5, 2010 6:18PM

US Dept of Justice (they, along with at least the Dept of Education, administer the ADA) expects websites to be tested at least annually by people with disabilities. DoJ responds to complaints and self-initiates inspections through it's Project Civic Access. See http://www.ada.gov/civicfac.htm.



Following are the Web-related excerpts from 2 of these settlements, 1 a city and the other a university:

Settlement with city of Muskegon, Michigan, USA.

FACT SHEET
Settlement Agreement between the United States of America
and the City of Muskegon, Michigan

On September 27, 2010, the Department of Justice entered into a settlement agreement with the City of Muskegon, Michigan, under title II of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12131-12134, and the Department's implementing regulation, 28 C.F.R. Part 35, as well as section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, and the Department's implementing regulation, 28 C.F.R. Part 42, Subpart G.

The Department of Justice initiated a compliance review of the City of Muskegon in July, 2007, as part of Project Civic Access, a Department initiative to ensure greater access for persons with disabilities to state and local government programs, services, activities, and facilities. An on-site survey of the City of Muskegon's buildings, programs, and services was conducted in August 2008. City of Muskegon staff worked cooperatively with the Department throughout the compliance review process in order to reach an agreement.

The following statement is from
SETTLEMENT AGREEMENT BETWEEN
THE UNITED STATES OF AMERICA
AND
THE CITY OF MUSKEGON, MICHIGAN
UNDER THE AMERICANS WITH DISABILITIES ACT
DJ 204-38-109
It can be viewed in whole at http://www.ada.gov/muskegon_pca/muskegon_sa.htm.


1. WEB-BASED SERVICES AND PROGRAMS
2. Within 1 month of the effective date of this Agreement, and on subsequent anniversaries of the effective date of this Agreement, the City will distribute to all persons - employees and contractors - who design, develop, maintain, or otherwise have responsibility for content and format of its website(s) or third party websites used by the City (Internet Personnel) the technical assistance document, Accessibility of State and Local Government Websites to People with Disabilities, which is Attachment H to this Agreement (it is also available at www.ada.gov/websites2.htm).
3. Within three months of the effective date of this Agreement, and throughout the life of the Agreement, the City will do the following:
A. Establish, implement, and post online a policy that its web pages will be accessible and create a process for implementation;
B. Ensure that all new and modified web pages and content are accessible;
C. Develop and implement a plan for making existing web content more accessible;
D. Provide a way for online visitors to request accessible information or services by posting a telephone number or e-mail address on its home page; and
E. Periodically (at least annually) enlist people with disabilities to test its pages for ease of use.



And from the settlement with McNeese State University, USA: http://www.ada.gov/mcneese.htm

24. Modifications to the University´s Web Site:
(a) Within 1 month of the effective date of this Agreement, and on subsequent anniversaries of the effective date of this Agreement, the University will distribute to all persons - employees and contractors - who design, develop, maintain, or otherwise have responsibility for content and format of its website, the technical assistance documents, "Accessibility of State and Local Government Websites to People with Disabilities," available at www.ada.gov/websites2.htm), and "ADA Best Practices Tool Kit for State and Local Governments," available at http://www.ada.gov/pcatoolkit/chap5toolkit.htm);
(b) Within three months of the effective date of this Agreement, and throughout the life of the Agreement, the University will do the following:
1. Establish, implement, and post online a policy that its web pages will be accessible and create a process for implementation;
2. Ensure that all new and modified web pages and content are accessible;
3. Develop and implement a plan for making existing web content more accessible;
4. Provide a way for online visitors to request accessible information or services by posting a telephone number or e-mail address on its home page; and
5. Periodically (at least annually) enlist people with disabilities to test its pages for ease of use.
(c) By no later than six months after the effective date of this Agreement, the University shall display on its website information to assist individuals with disabilities to identify, among other things, accessible routes through the University campus, accessible parking areas, accessible entrances to buildings, and accessible programs, services, and activities within buildings. The University shall also display detailed information regarding nonstructural alternative measures implemented, on an interim or final basis, to ensure individuals with disabilities access to programs, services, and activities. The University´s website shall be updated regularly to reflect newly added or renovated accessible features of the campus.