Web Access Mandated for State and Local Governments

• Lack of text alternatives (“alt text”) on images—pictures, illustrations, and charts—hides the content from people who are blind.
• No captions on videos fails to communicate the content to people with hearing impairments.
• Inaccessible online forms may not be fillable by people with disabilities who need labels that screen readers can convey to their users, clear instructions, and error indicators.
• Mouse-only navigation withholds information from people with disabilities who control their computers and other devices with verbal commands instead of a mouse, trackball, or keyboard.

In effect, an inaccessible website can exclude people just as much as steps at an entrance to a physical location. Just as the Americans with Disabilities Act (ADA) provides for barrier removal of steps, it also sets obligations for barrier removal on websites. In accordance with this requirement, the United States Department of Justice (DOJ) has issued a final rule, under ADA Title II, clarifying the obligations of state and local governments to make their websites and mobile applications accessible to people with disabilities.

Attorney General Merrick B. Garland signed the rule on April 8, 2024 saying:

“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. 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.”

Assistant Attorney General Kristen Clarke of the Civil Rights Division added:

“This rule is truly historic and long overdue as it will help break down barriers that have kept people with disabilities from fully participating in American life. For far too long, people with disabilities have been left behind as we’ve witnessed more services and government activity increasingly move online. This rule is helping to usher us into a new era by bringing an end to the discrimination faced by millions of Americans with vision, hearing, cognitive and manual dexterity disabilities across our country.”

As is customary with sweeping regulatory changes, the effective date for this rule is delayed. State and local governments with a population of 50,000 or more must comply beginning on April 24, 2026; those with a population of less than 50,000, as well as special district governments, must comply beginning on April 26, 2027.

To find out more about the ADA, visit ada.gov or call the DOJ toll-free ADA information line at 1-800-514-0301 (voice) or 1-833-610-1264 (TTY).

Image credit: Mudassar Iqbal from Pixabay

Reference sources:

• “Nondiscrimination on the Basis of Disability; Accessibility of Web Information and Services of State and Local Government Entities.” Federal Register. April 24, 2024. https://www.federalregister.gov/documents/2024/04/24/2024-07758/nondiscrimination-on-the-basis-of-disability-accessibility-of-web-information-and-services-of-state
• Press Release. “Justice Department to Publish Final Rule to Strengthen Web and Mobile App Access for People with Disabilities.” U.S. Dept. of Justice, Office of Public Affairs. Monday, April 8, 2024. https://www.justice.gov/opa/pr/justice-department-publish-final-rule-strengthen-web-and-mobile-app-access-people  
• Fact Sheet: New Rule on the Accessibility of Web Content and Mobile Apps Provided by State and Local Governments. March 8, 2024. https://www.ada.gov/notices/2024/03/08/web-rule/
• Web Content Accessibility Guidelines (WCAG). Published by the Web Accessibility Initiative of the World Wide Web Consortium. https://www.w3.org/WAI/standards-guidelines/wcag/

For more of Angela’s writings, please visit her website for links to her books, blog, and media at https://angelamuirvanetten.com.