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Re: new ADA rules extend to internet?

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From: Waltenberger, Lon (LNI)
Date: Mar 24, 2011 6:51PM

I think the March 15 stuff is about brick and mortar architectural design.

State and local governments (public entities) fall under Title II.

I always get excited when I see something about "state and local governments." Then I'm usually disappointed.

You might want to check out www.ada.gov on which you'll find this:

Advance Notice of Proposed Rulemaking (Updated December 7, 2010)
Accessibility of Web Information and Services Provided by Entities Covered by the ADA
Movie Captioning and Video Description
Accessibility of Next Generation 9-1-1
Equipment and Furniture

http://www.ada.gov/anprm2010/anprm2010.htm


From the above link you can go to
http://www.ada.gov/anprm2010/web%20anprm_2010.htm.

I draw your attention to section "iii. Need for Department action" in which you'll find this:

"It has been the policy of the United States to encourage self-regulation with regard to the Internet wherever possible and to regulate only where self-regulation is insufficient and government involvement may be necessary. See Memorandum on Electronic Commerce, 33 WCPD 1006, 1006-1010 (July 1, 1997), available at http://www.gpo.gov/fdsys/pkg/WCPD-1997-07-07/html/WCPD-1997-07-07-Pg1006-2.htm (last visited June 29, 2010); A Framework for Global Electronic Commerce, http://clinton4.nara.gov/WH/New/Commerce (last visited June 29, 2010).

Voluntary standards have generally proved to be sufficient where obvious business incentives align with discretionary governing standards as, for example, with respect to privacy and security standards designed to increase consumer confidence in e-commerce. There has not, however, been equal success in the area of accessibility. The WAI leadership has recognized this challenge and has stated that in order to improve and accelerate Web accessibility it is important to "communicat[e] the applicability of the ADA to the Web more clearly, with updated guidance * * * ." Achieving the Promise of the Americans with Disabilities Act in the Digital Age - Current Issues, Challenges, and Opportunities: Hearing Before the Subcomm. on the Constitution, Civil Rights, and Civil Liberties, H. Comm. On the Judiciary, 111th Cong. (Apr. 22, 2010) (statement of Judy Brewer, Director, Web Accessibility Initiative at the W3C¨). It is clear that the system of voluntary compliance has proved inadequate in providing website accessibility to individuals with disabilities. See, e.g., National Council on Disability, The Need for Federal Legislation and Regulation Prohibiting Telecommunications and Information Services Discrimination (Dec. 19, 2006), available at www.ncd.gov/newsroom/publications/2006/discrimination.htm (last visited June 29, 2010) (discussing how competitive market forces have not proven sufficient to provide individual with disabilities access to telecommunications and information services.)

There is no doubt that the websites of state and local government entities are covered by title II of the ADA. See 28 CFR 35.102 (providing that the title II regulation "applies to all services, programs, and activities provided or made available by public entities"). Similarly, there seems to be little debate that the websites of recipients of federal financial assistance are covered by section 504 of the Rehabilitation Act. The Department has affirmed the application of these statutes to websites in a technical assistance publication, Accessibility of State and Local Government Websites to People with Disabilities (available at www.usdoj.gov/crt/ada/websites2.htm), and in numerous agreements with State and local governments and recipients of Federal financial assistance."