Let Your Voice be Heard on Digital Accessibility and Mobile Accessibility

Advocacy Groups across the country are encouraging people to contact the Department of Civil Rights and the Department of Justice, to speak on the importance of finalizing the guidelines for digital accessibility and mobile accessibility. The comment section, to provide feedback on the proposed rule, was going to be closed after August 8, 2016. This has been extended until October 7, 2016. These proposed changes have been in the works since 2010.

The good news is despite the delays in finalizing guidelines, for the laws that already exist; the Department of Justice is taking action on agencies and companies that are not ADA compliant.

What is Occurring with Digital Accessibility, Website Accessibility and Mobile Accessibility?

The DOJ has proposed a rule that will more clearly define the public sector’s obligation in providing accessibility when it come to all forms of digital accessibility; including mobile application accessibility, website accessibility and website attachment accessibility. This is a result of the Americans with Disability Act, Title II and Section 508, pertaining to equal access for all persons. This rule will apply to local, state and government entities and those programs/resources that receive funding from government/federal resources.

The process for this rulemaking began in 2010 as Advance Notice of Proposed Rulemaking (ANPRM). The rule was titled Nondiscrimination on the Basis of Disability; Accessibility of Web Information and Services of State and Local Government Entities and Public Accommodations.

In May, 2016 a Supplemental Advance Notice of Proposed Rulemaking (SANPRM) was issued, based on Nondiscrimination on the Basis of Disability; Accessibility of Web Information and Services of State and Local Government Entities and Public Accommodations. This was a step backwards because there was already advanced notice given with the ANPRM.

The Department of Justice is requesting comments on the proposed rule and planned to collect comments until August 8, 2016. This has been extended until October 8, 2016 (although the website is not noting this extension, as of August 4, 2016).

Why is there a change to the rule regarding Digital Accessibility?

In 1990, when the ADA defined accessibility for all Americans, the internet was not utilized as it is today. The internet was not a common place for commerce, business, education, travel, leisure and the like. So, no firm guidelines were created. The ADA law is clear that all persons must have equal access to public locations and must be afforded accessible access and accommodations must be made to ensure equal access. Businesses, agencies, advocates, individuals, the Access Board, and the Department of Justice have been working together, to better define the level of accessibility, which must be implemented and followed, to be ADA Compliant.

As more business activity and government activity is conducted online, including valuable public safety information, website/digital accessibility is a must for all Americans to maintain their independence, civil rights and safety.

Who Do I Contact Over My Concerns Regarding Website Accessibility and Digital Accessibility?

There are a few avenues you can take when reaching out to the Access Board regarding comments and feedback over the proposed changes to digital accessibility and website accessibility. You should reference the following Docket RIN 1190-AA65, in all correspondences.

1. Online
   • Visit the Federal Register directly and submit your open comment regarding the proposed rule change. All comments are considered public and will be posted online once the Department of Justice has reviewed them.
2. Phone
   • Rebecca Bond
     Chief at Disability Rights Section, Civil Rights Division, US Department of Justice
     Phone 800 514-0301
3. Mail
   • Vanita Gupta
     Principal Deputy Assistant Attorney General
     U.S. Department of Justice
     950 Pennsylvania Avenue, N.W.
     Office of the Assistant Attorney General, Main
     Washington, D.C. 20530
   • Disability Rights Section
     Civil Rights Division, U.S. Department of Justice
     P.O. Box 2885
     Fairfax, VA 22031- 0885
4. Submit Through an Advocacy Group
   • The American Council for the Blind
   • The National Federation of the Blind
   • The American Federation for the Blind

How Can I Voice My Concerns About Website Accessibility and Digital Accessibility?

Your message should be personalized, share the experience that you have when attempting to access public websites, mobile applications (apps) and other digital applications and attachments. Remember, there are already laws mandating equal access; you are just asking for the guidelines to be established.

There is a list of questions that can be found within the proposed rule that you are welcome to comment on. However, it is not necessary to comment on specific questions.

Below is a sample letter from the National Federation of the Blind that you can copy, paste and customize:

Vanita Gupta
Principal Deputy Assistant Attorney General
U.S. Department of Justice
950 Pennsylvania Avenue, N.W.
Office of the Assistant Attorney General, Main
Washington, D.C. 20530

Dear Ms. Gupta:

My name is [insert]. [Describe yourself here- your occupation, where you live, and the assistive technology you typically use (JAWS, ZoomText, VoiceOver, etc).]

I urge the Department of Justice to promptly implement technical standards for public websites in alignment with Web Content Accessibility Guidelines 2.0 AA. Accessible websites are important to me because [answer any of the following prompts]

1. Please identify significant barriers you have faced in the past five years as the result of inaccessible state or local public entity websites and online services, including but not limited to:
   • Online voting and voter registration
   • Applying for a state or local government job
   • K-12 school websites and online educational tools and services (as a parent, teacher or student)
   • Public college or university websites and online educational tools and services (such as a state or community college)
   • Requesting food stamps or other state or local public benefits or assistance
   • Appealing a property tax assessment
   • Making online payments for city or state services
   • Obtaining information about city, state, or local government services
   • Include in your response the approximate date or year you encountered the barrier and the name of the government entity, school, or website, if known.
2. For each barrier you identified, describe your experience. Include in your response (a) what you were trying to accomplish and why; (b) the accessibility barrier(s) you encountered; (c) what happened as the result of the barrier (i.e., did you miss a deadline; have to spend additional time or resources to complete the action; file a complaint and receive a response, etc.?)
3. What was the impact to you of the barrier(s) you experienced? What would it have meant to you to have had independent online access? If all public websites were required to be accessible, how would that benefit you?
4. Please identify significant positive experiences you have had in the past five years using accessible state or local public entity websites and online services. Include in your response the approximate date or year you used the website and the name of the government entity, school, or website, if known.
5. For each positive experience you identified, describe what happened. Include in your response (a) what you were trying to accomplish and why; (b) how you were able to achieve the result; (c) how the accessible website or online service benefited or impacted you.
6. Please provide any additional comments.

Sincerely,

[Your name]
[Address or city and state]
[Email address]

Submitting Comments

Here are some tips from Regulations.gov for submitting comments.

Sources:

• ADA Advocate and Attorney Lainey Feingold first altered us to the change of dates and the need for the community to take action to protect the civil rights for millions of people in the United States of America.
• The proposed rule: Nondiscrimination on the Basis of Disability; Accessibility of Web Information and Services of State and Local Government Entities and Public Accommodations.
• Current Guidelines for Section 508 Compliance, as part of the Federal Acquisition Regulation (FAR).
• The National Federation of the Blind

About Braille Works

Braille Works appreciates the advocates and individuals who work hard to bring equality to all people.  These matters are very important to the Braille Works family.  We hope you are able to take action today as an individual.  If you are a business please contact us today to learn how your business can be in full compliance with the current laws and regulations pertaining to accessible documents, through section 508, pertaining to PDF remediation, and accessible documents like Braille, large print and audio. It is our mission to “Make the World a More Readable Place™.”