Tuesday, December 1, 2015

U.S. Department of Justice further delays ADA Title III rulemaking on website accessibility

Barnes & Thornburg LLP, Lexology

On Nov. 19, the federal government released its Fall Semiannual Regulatory Agenda. The U.S. Department of Justice (DOJ) has moved its anticipated rulemaking regarding website accessibility under title III of the Americans with Disabilities Act (ADA), which pertains to places of public accommodation, to the “long-term action” list. Meanwhile, DOJ also announced that it expects to issue its title II Notice of Proposed Rulemaking (NPRM) on website accessibility in January 2016. In the accompanying Statements of Agency Priorities, DOJ states that it “believes that the title II web site accessibility rule will facilitate the creation of an important infrastructure for web accessibility that will be very important in [DOJ’s] preparation of the title III web site accessibility NPRM.” DOJ further indicated that it expects to publish the title III website accessibility NPRM during fiscal year 2018. (In its Spring Semiannual Regulatory Agenda, DOJ had delayed its title III NPRM from June 2015 until April 2016.)

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