El Dorado County (April 29, 2024) – In a move aimed at bolstering accessibility for persons with disabilities, the Department of Justice (DOJ) has issued a Final Rule under the Americans with Disabilities Act (ADA) on April 8, 2024. This regulation mandates that local government websites and mobile applications adhere to the Web Content Accessibility Guidelines 2.1 Levels A and AA, internationally recognized standards for web accessibility.
Under Title II of the ADA, local agencies are obligated to ensure that individuals with disabilities are not excluded from participating in agency activities, programs, or services due to their disabilities. The DOJ has clarified that this obligation extends to local agency websites and mobile apps.
The Final Rule sets forth technical standards to guarantee accessibility for persons with disabilities. Its primary objective is to facilitate equal access to vital government content and enable individuals with disabilities to exercise their constitutional rights, including speech, assembly, association, petitioning, and voting. To achieve this, the Final Rule mandates features such as non-text alternatives, audio descriptions or captions for videos, and other accessibility measures.
However, local agencies may deviate from the Accessibility Guidelines only in cases where technical or legal constraints prevent compliance. Five exceptions are outlined in the Final Rule: archived web content, preexisting electronic documents, third-party content without a city contract or license, password-protected documents, and preexisting social media posts. Nonetheless, stringent criteria apply for content to qualify for these exceptions.
The Final Rule takes effect on June 24, 2024. Cities with populations exceeding 50,000 have a two-year grace period from the publication of the rule in the Federal Register to comply. Smaller cities and special districts are afforded three years for compliance.
Burke, a legal authority in this domain, advises local agencies to proactively engage with their IT departments, web hosts, and legal counsel to ensure readiness for compliance before the Final Rule’s enforcement.
In the realm of ADA compliance, Burke’s legal experts offer regular guidance to clients, aiding them in navigating the intricacies of legal obligations under the Americans with Disabilities Act.
