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Kelly Buckland, Executive Director
The National Council on Independent Living
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From: Helena Berger [mailto:hberger@xxxxxxxx]
Sent: Friday, April 15, 2016 9:00 AM
To: Technologyforum@xxxxxxxx
Subject: Fwd: New York City Enacts Accessibility Standards for Government
Websites
Folks, thought this may be of interest to everyone.
Best,
Helena
New York City Enacts Accessibility Standards for Government Websites
Seyfarth Shaw, LLP Blog
By John W. Egan on April 14th, 2016
Seyfarth Synopsis: NYC recently passed a law requiring that its government
agency websites meet accessibility standards. Other state and local governments
may follow NYC’s lead and enact accessibility standards for government
agencies, contractors and even public accommodations in the absence of
regulations
from DOJ.
On March 14, New York City became the first major municipality in the United
States to adopt legislation mandating accessibility standards for all of its
government agency websites. Serving a population of over 8 million, the New
York City government includes more than 120 agencies staffed by approximately
325,000 employees. This legislation will have an impact on City agencies, and
access for persons with disabilities to those institutions. It may also
have an impact on future website regulations impacting businesses across the
country.
Recent NYC Legislation
The website legislation (Intro. 683-A) was among three disability access bills
that Mayor Bill De Blasio signed into law on the same day. In addition to
mandating website protocols, the legislation requires that each City agency
designate a “disability service facilitator,” and publicize, among other things,
the availability of wheelchair access, communication access real-time
translation, sign language interpretation, assistive listening systems (e.g.
loop
technology), and any other accommodations to be made available for all public
events. This sweeping legislative mandate also expressly requires that City
government websites display New York State’s controversial “Accessible Icon”
(rather than the International Symbol of Access), to designate venues for
government meetings or other events that are accessible to wheelchair users.
NYC Must Adopt an Accessible Website Protocol within 6 Months
The new City law underscores that the Web Content Accessibility Guidelines 2.0
Level AA (“WCAG 2.0 AA”) is increasingly becoming the de facto standard for
website accessibility, despite the continued lack of any regulations from the
U.S. Department of Justice (“DOJ”) setting a legally-required standard for
state and local governments under Title II of the ADA, or for public
accommodations (i.e. private businesses) under Title III.
Under the new law, the City must establish a website protocol within 6 months
that incorporates: (1) Section 508 of the Rehabilitation Act (“Section 508”);
(2) WCAG 2.0 AA; or (3) any “successor” standards. The Section 508 standard
applies to the federal government websites and consists of a list of 16
requirements
that are less rigorous than WCAG 2.0 AA. But last year the Access Board
proposed a rule that would, among other things, adopt WCAG 2.0 AA as the new
website
standard under Section 508. Thus, if the City incorporates Section 508 in its
website protocol, its agency websites may be subject to WCAG 2.0 Level AA
once the final Section 508 regulations are issued.
There are several exceptions to the new accessibility mandate. The City may
adopt protocols that differ from Section 508, WCAG 2.0 AA, or any successor
standard, but if it does, it must first consult with experts in website design,
conduct a public hearing, and ensure that any differences will still provide
effective communication for persons with disabilities. In addition, the law
does not require the “fundamental alteration” of any service, program, or
activity, and shall not impose an “undue financial or administrative burden.”
Potential Impact on Businesses
The adoption of accessibility standards for government websites in the most
populous city in the United States is significant. Other municipalities may
follow New York City’s lead and pass their own legislation or regulations for
accessible features in government websites. This may result in differing
local standards across jurisdictions, which would undermine DOJ’s efforts to
implement a comprehensive, national set of rules for website accessibility
under Title II of the ADA.
State and local legislators may decide to extend the WCAG 2.0 AA’s reach to the
websites of private businesses doing business with state or local governments,
or the public, after they are done dealing with their agency websites. This
could follow the model of Ontario, Canada, where the provincial government
enacted regulations requiring businesses with 50 or more employees in Ontario
to ensure that their websites meet WCAG 2.0 Level A guidelines (and to meet
WCAG 2.0 Level AA by 2021). Based on the progressive legislative and
regulatory agenda of the current mayoral administration, we would not be
surprised
if New York City passed a future law requiring that government contractors or
businesses with a presence in the City provide accessible websites.
The bottom line is that if DOJ continues to delay in issuing proposed rules for
website accessibility, states and local governments may step into that void
and enact rules of their own for government entities, contractors, and even
public accommodations. This could subject businesses to potentially
inconsistent
rules across jurisdictions. It is yet another reason why DOJ guidance on this
topic is needed now more than ever.
Edited by Minh Vu and Kristina Launey
http://www.adatitleiii.com/2016/04/new-york-city-enacts-accessibility-standards-for-government-websites/
-
--
Helena Berger
President and CEO
American Association of People with Disabilities
2013 H Street NW, 5th Floor
Washington, DC 20006
(202) 521-4315
hberger@xxxxxxxx
www.aapd.com
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