When last we wrote on this topic in spring of 2016, the Department of Justice (DOJ) was set to issue proposed regulations on web information and services for state and local governments. In a turn of events, the DOJ instead issued a rare Supplemental Advance Notice of Proposed Rulemaking (SANPRM) in “order to solicit public comment on various issues relating to the potential application of such technical requirements to the websites of Title II entities and to obtain information for preparing a regulatory impact analysis.”
The Massachusetts Office on Disability (MOD), with the help of our state partners, submitted a detailed response addressing many of the 123 questions in the SANPRM. The questions sought responses regarding the impact of the potential requirements on small entities and public institutions, assessing compliance costs, and a timeline for compliance, to name a few. Our response reiterated the need for the DOJ to balance the interests and abilities of state and local governments while ensuring access and equal opportunity via the implementation of enforceable cognizable technical standards.
Although ADA, Title II standards are still in process, the DOJ has attained settlement agreements with certain state and local entities requiring web access compliance with the ADA non-discrimination provisions and with the industry web access technical standard: the Web Content Accessibility Guidelines (WCAG) 2.0 AA. As an example, DOJ’s Project Civic Access recently secured a settlement agreement with Milwaukee, Wisconsin that requires the city to ensure that its website and all online services, including websites or online services provided by third parties, comply with WCAG 2.0 AA, among other obligations. Also, in a recent consent decree obtained with the Ohio public institution Miami University we have seen the most robust obligations enforced against a public education institution to date.
With obligations and enforcement activities increasing, we urge public entities to review their websites, databases, e-learning software and other technologies to ensure compliance. As the ADA Coordinating Agency for the Executive Branch of Massachusetts state government, our office stands to be a resource for technical assistance on the topic of web information and services accessibility. Moreover, MOD was pleased to serve on the Strategic Sourcing Team for the new statewide contract for IT accessibility Services (ITS61). ITS61 can help government entities get expert assistance to ensure that information technology services do not discriminate against people with disabilities and can be used for testing websites and applications for accessibility among other things. Please contact our office for more information on this topic, and I will provide periodic updates as well.
MOD strives to provide technical assistance regarding web accessibility to ensure that persons with disabilities have equal access to web-based information and services.
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- SANPRM: Nondiscrimination on the Basis of Disability; Accessibility of Web Information and Services of State and Local Government Entities 28 CFR Part 35 [CRT Docket No. 128] RIN 1190-AA65 (April 29, 2016)
- Settlement Agreement Between The United States of America and the City of Milwaukee, Wisconsin DJ# 204-85-119 (June 9, 2016)
- Dudley, et al. v. Miami University, et al., Civil Action No. 1:14-cv-38 (S.D. Ohio), and arising out of United States Department of Justice Investigation No. 204-58-229 (October 17, 2016)
2017 Call for Art & Exhibition: “Breaking Barriers” Hosted by Massachusetts Office on Disability is Underway! posted on Feb 3
The Massachusetts Office on Disability (MOD) is pleased to announce that we are now accepting submissions for our 2017 Call for Art and juried art exhibition. We are calling on talented Massachusetts residents of all abilities to submit an original work which captures the theme of “Breaking Barriers.” Selected entries will be displayed at a public exhibition in late 2017 (date to be determined) and in an online gallery.
Requirements for Compliant Ramp Slopes Under ADA Design Standards and Massachusetts Architectural Access Board Regulations posted on Dec 27
Safe and effective ramps are essential to ensuring the independence of individuals who use wheelchairs or other mobility devices. This post will discuss ramp running slope and ramp cross slope requirements that make ramps usable and accessible. We will also clarify the specific differences in the slope requirements and obligations between the Massachusetts Architectural Access Board’s (MAAB) rules and regulations and the Americans with Disabilities Design Standards (ADA Design Standards).
We Want Your Feedback: 2016 Blog Survey posted on Oct 26
We thought a survey would be a great way to find out from our readers how we can improve and continue to be a reliable source of information. Please take our brief, 5-question survey!