ADA Web Regulations
Resolution 2015-06
Whereas, the United States Department of Justice (DOJ) publicly committed more than five years ago to update its implementing regulations to clarify the application of the Americans with Disabilities Act (ADA) to the Internet and to information and communications technologies; and
Whereas, the federal courts continue to disagree with each other about the ADA and whether online-only retailers and others are in fact ADA Title III covered public accommodations; and
Whereas, it is otherwise well-settled that state and local government programs and services must ensure that their online presence must be accessible to people with disabilities; and
Whereas, the increasing deployment of both fixed and free-standing equipment (such as kiosks, handheld and mobile devices, etc.) by state and local governmental entities and public accommodations alike also requires regulatory clarification by the DOJ to ensure that effective communication and equal access are achieved; and
Whereas, with only 18 months remaining in the current administration, proposed regulations on these critical issues have not been issued; and
Whereas, the five-year-old DOJ notices of its intent to regulate in these areas raised a host of needlessly complicated and distracting questions and ancillary issues;
Now, therefore, be it resolved by the American Council of the Blind in convention assembled on the 9th day of July, 2015, at the Sheraton Dallas Hotel, Dallas, Texas, that this organization call upon President Barack Obama to direct the Attorney General of the United States to immediately set the U.S. Department of Justice on course to issue and publish final rules within one year of the date of this resolution which simply and succinctly:

  1. make it clear that public accommodations that operate exclusively online are absolutely covered by the ADA; and
  2. declare that the ADA’s effective communication and full and equal participation requirements apply with full force to any and all fixed and free-standing equipment that governmental entities and public accommodations expect people both with and without disabilities to use.

Ray Campbell, Secretary