On September 25 the Department of Justice responded to a congressional plea for regulatory guidance with a firm “no.” In its letter to Congressman Ted Budd DOJ made it clear that it had no intention of restarting the regulatory process it abandoned last year and that it did not believe regulations were necessary or desirable. It did say that in the absence of regulation the failure to meet an industry standard like WCAG 2.0 AA is not necessarily proof of an ADA violation. This allows businesses to prove (if they can) that despite not meeting that or some other standard their business websites are accessible.
Hunt paper on Winn-Dixie decision published by Usablenet.
By Richard Hunt in Accessibility Litigation Trends, ADA Internet, ADA Internet Web Tags: ADA Internet, ADA regulations, ADA web, WCAG 2.0
Richard’s paper on the “Practical Implications of the Winn-Dixe Lawsuit” was posted to the Usablenet blog on August 23, 2017. This short paper reviews the history of application of the ADA to the Internet and the practical consequences of the present confusing state of the law. You can access it using the link above.
You may also be interested in our other recent posts on this subject:
ADA and the Internet Update – DOJ sends its regulations to Hanger 51
Baby steps – the first post-trial decision on the ADA and the internet.
Trending now – the ADA covers some of the internet, maybe.
Does DOJ’s new definition of disability matter? Maybe.
By Richard Hunt in ADA, ADA FHA Legislation, ADA Policies, ADA regulations, ADA rulemaking, ADA Web Access Tags: ADA regulations, ADA rulemaking, definition disabled, Department of Justice
On August 11, 2016 the Department of Justice finally issued its regulations implementing the expanded definition of disability contained in the 2008 Americans with Disabilities Act Amendments. The actual content of the regulations, which apply to Titles II and III of the ADA, will already be familiar to most businesses because they are intended to be consistent with the EEOC’s 2011 regulations implementing the 2008 ADAA for Title I. Equally important, they appear after eight long years of lawsuits brought under the 2008 ADAA in which the courts and litigants had to wrestle with the meaning of the statute. More