On July 30, seven Republican Senators sent a letter to Attorney General William Barr requesting updates on the DOJ’s efforts to clarify website accessibility requirements for businesses under the Americans with Disabilities Act (ADA). This request follows a letter previously sent to the DOJ in September 2018, requesting the Department’s help in resolving uncertainties regarding website accessibility regulations and requesting guidance to address conflicting court opinions. According to the Senators, the DOJ withdrew two Notices of Proposed Rulemaking concerning website accessibility standards in 2017 under claims that it is “evaluating whether promulgating regulations about the accessibility of Web information and services is necessary and appropriate. Such an evaluation will be informed by additional review of data and further analysis. The Department will continue to assess whether specific technical standards are necessary and appropriate to assist covered entities with complying with the ADA.” The DOJ responded a month later, stating that “absent the adoption of specific technical requirements for websites through rulemaking, public accommodations have flexibility in how to comply with the ADA’s general requirements of nondiscrimination and effective communication. Accordingly, noncompliance with a specific voluntary technical standard for website accessibility does not necessarily indicate noncompliance with the ADA.”
In their 2019 letter, the Senators stressed that, because the DOJ did not specify further concrete plans to address website accessibility guidance, businesses are subject to litigation risk and inconsistent outcomes. Moreover, the Senators urged the DOJ to provide further clarity, particularly because the issue of whether private websites must comply with the ADA “continues to be subject to conflicting judicial opinions.” Additionally, they pointed to the Web Content Accessibility Guidelines 2.0 standard, which governs website accessibility for federal government websites, and noted that if the government gets the benefit of clear guidance, then the public should as well.