Last week marked a significant milestone as U.S. Attorney General Merrick Garland signed a groundbreaking rule under Title II of the Americans with Disabilities Act, clarifying how the 34-year-old law applies online. It’s a pivotal move by the federal government, aiming to address the accessibility challenges faced by people with disabilities when navigating government websites and mobile apps. These challenges include issues like small text, lack of mobile-friendliness, uncaptioned audio, complex forms, and poor color contrast, all of which hinder users’ ability to access essential services and engage with their localities. (Government Executive April 17, 2024)
The new rule establishes standards and technical requirements derived from internationally recognized guidelines by the World Wide Web Consortium. These standards mandate that government websites and apps must be easily navigable, understandable, and readable. They require features such as text captions for audio and video, alternative text for images, resizable text, and compatibility with keyboard-only navigation. Additionally, websites must not induce seizures or physical reactions, and they must offer both landscape and portrait orientations for accessibility. (ibid)
While this move toward greater accessibility is commendable, it comes with a substantial cost for state and local governments. The Department of Justice estimates that counties could face a nationwide bill of nearly $967 million, with cities expecting costs exceeding $2 billion. Similarly, townships, school districts, and higher education institutions may also incur compliance costs in the billions. However, the DOJ predicts that once fully implemented, these measures could save governments hundreds of millions, if not billions, of dollars annually by reducing the need for mail, phone or in-person services. (ibid)
Despite the financial implications, the effort has garnered support from several state leaders who view the rules as a balanced approach to ensuring equal access to government services. Governments with populations of 50,000 or more, will have two years to comply, while those with smaller populations will have three years. The rule exempts archived content, preexisting electronic documents, password-protected documents, third-party content, and social media posts. Assistant Attorney General Kristen Clarke emphasized the significance of the rule, stating that it marks a pivotal step toward ending discrimination against millions of Americans with disabilities. (ibid)
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