State and local governments would be required to ensure websites and mobile apps for services are accessible to people with disabilities under a new rule being proposed by the Biden administration.


What You Need To Know

  • State and local governments would be required to ensure websites and mobile apps for services are accessible to people with disabilities under a new rule being proposed by the Biden administration

  • The proposal would set clear technical standards for governments in order to be considered compliant with the American with Disabilities Act, administration officials said Tuesday

  • Access to services increasingly moved online during the pandemic and has remained there, officials said

  • But they sometimes lack accessibility features, including closed captioning, sign language interpretation, screen readers and keyboard-only navigation

The proposal would set clear technical standards for governments in order to be considered compliant with the American with Disabilities Act, administration officials said Tuesday. The announcement came on the eve of the 33rd anniversary of the ADA going into effect.

The plan could impact tens of millions of Americans who live with disabilities.

“State and local governments provide services that are essential to participation in our society, including voting, education, transportation, jobs and social services,” Neera Tanden, President Joe Biden’s domestic policy adviser, told reporters. “Today, many of these services have shifted online, and website and mobile apps have not been made accessible.

“Fundamentally, the president believes that our government has a solemn responsibility to treat every person with dignity,” she added. “To do that, we need to ensure all government is accessible to everyone,” she added.

Access to services increasingly moved online during the pandemic and has remained there, officials said. But they sometimes lack accessibility features, including closed captioning, sign language interpretation, screen readers and keyboard-only navigation.

“It is now more important than ever to ensure that there are clear standards for what state and local governments must do to make their online programs, services and activities accessible to people with disabilities,” said U.S. Associate Attorney General Vanita Gupta. 

Victoria Woodards — mayor of Tacoma, Washington, and the president of the U.S. League of Cities — applauded the Biden administration for proposing the uniform standards.

“I just want to thank the administration for employing cities to be a part of this rule-making process to ensure that all cities, regardless of size or capacity, have the resources and time to adequately and appropriately meet the adopted rules,” she told reporters. “We look forward to working with DOJ and the White House in providing feedback from from my city and fellow mayors on this proposal, as well as working to ensure web and mobile government services are available to all Americans.”

The proposed rule will available Friday for review at FederalRegister.gov, and there will be a 60-day public comment period. Feedback can be submitted at regulations.gov. The Justice Department will then issue a final rule.

Gupta said the department will then “continue to use every tool that we have, including our enforcement authority to ensure that people with disabilities are not treated like second-class citizens when it comes to online services.”

The Americans with Disabilities, signed into law in 1990 by President George H.W. Bush, prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation and all places open to the general public. The law, for example, requires reasonable accommodations for employees with disabilities, effective communication with people who have hearing or vision disabilities, and accessibility to new construction and alterations. It also protects against discrimination in hiring.

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