Blog Post

Nov 23, 2015

Justice Department Delays Web Accessibility Regulations For At Least Three More Years, Leaving Businesses in Turmoil

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In an astonishing move, the Department of Justice (DOJ) announced that it will not issue any regulations for public accommodations websites until fiscal year 2018—eight years after it started the rulemaking process with an Advanced Notice of Proposed Rulemaking (ANPRM).
 
As we previously discussed, DOJ made a number of statements in the 2010 ANPRM that led businesses to reasonably conclude that they could and should wait for the regulation to issue before taking action. Among other things, the ANPRM acknowledged a need to adopt a legal technical standard for an “accessible” website and asked how much time businesses should be given to comply. However, since issuing that ANPRM, DOJ’s enforcement attorneys have investigated numerous public accommodations, pressuring them to make their websites accessible. DOJ even intervened in recent lawsuits (e.g., here, here, and here) taking the position that the obligation to have an accessible website has existed all this time in the absence of any new regulations.
 
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