Proposed rule would ensure access to government websites, apps for people with disabilities

The Justice Department has introduced a proposed rule under the Americans with Disabilities Act meant to improve web and mobile applications access for people with disabilities. 

The proposal also would provide guidance to state and local governments regarding their ADA obligation to provide equal access to their services, programs and activities for people with disabilities.

As state and local governments continue to move more of their programs and activities online — from applying for permits to checking the status of service requests, registering vehicles and paying taxes and fees — it is becoming increasingly critical to ensure that people with disabilities have equal access to these same services, the department said. 

“This proposed rule seeks to ensure that Americans with disabilities have equal access to the websites and apps that connect them to essential services provided by state and local governments,” Attorney General Merrick B. Garland said in a statement. 

The White House unveiled the new rule last month in conjunction with the 33rd anniversary of the ADA.

“Despite the important progress made under the ADA, many people with disabilities cannot access web or mobile-based state and local services — such as voter registration, filing taxes, applying for critical social services, accessing vital records, registering for vaccines and taking online courses,” according to a White House fact sheet on the topic. “This lack of accessibility has led to unequal access to critical services for millions of Americans. As most services turned online during the pandemic, access disparities worsened.”

Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division called the proposed rule a “significant milestone.” 

The proposed rule provides some exceptions for specific types of content, such as content that may not be accessed frequently, or for an archived section of a website that has not been updated. For example, according to the government, “an exception would likely apply to an old water quality report from 1998 that the state has put in an archived section of its website and has not updated. If the exception applies, the report would not need to comply with the technical standard.”

The proposal is available for review, and public comments can be submitted here through Oct. 3.