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Time concept: Hourglass on computer keyboard backgroundBy Minh N. Vu

According to the Spring 2015 Unified Agenda of Federal Regulatory and Deregulatory Actions, the Department of Justice (DOJ) will issue no proposed regulations for public accommodations websites until least April 2016 — nearly a year from now. However, the proposed regulations for state and local government websites, originally slated for December 2014, should be out…
Continue Reading Website Regulations Update: Public Accommodations Proposed Regs Further Delayed BUT State and Local Proposed Rules Due Out. . . Now?

Domain names and internet conceptBy Minh N. Vu

For today’s Global Accessibility Awareness Day, we have yet another Department of Justice enforcement action to report relating to the allegedly inaccessible websites and other technologies.  This time, DOJ is trying to intervene in an existing lawsuit, Dudley v. Miami University, filed by a former Miami University student who is blind.  Although the lawsuit is brought under Title II of the ADA which applies to state and local government entities and not public accommodations, the obligations under the Title II and III are very similar. Thus, the DOJ’s position in this lawsuit provides useful insight into how it would treat private universities and other public accommodations covered by Title III of the ADA.

On May 12, 2015, the DOJ sought permission from the court to intervene in the lawsuit as an additional plaintiff.  If the request is granted, the lawsuit’s scope will widen.  As an individual plaintiff, Ms. Dudley can only seek injunctive relief that relates to her own disability (blindness) and attorneys’ fees.  The DOJ, on the other hand, can and is seeking injunctive relief that would benefit people with other types of disabilities such as those who are deaf or hard of hearing.  In addition, the DOJ can seek compensatory damages for past and present students who have been harmed, and a civil penalty of up to $75,000.

The DOJ’s action stems from the University’s obligation ensure that its communications with individuals with disabilities is effective.  One question we often get is whether a public accommodation is required to ensure that all of its communications with the public are effective, or just those that relate to the core goods and services that the public accommodation offers (e.g, communications by a university to students and prospective students about its courses and programs).  Some advocacy groups have taken the position that all material posted on any university website must be accessible for the benefit of the public at large, even if the material is not directly related to any coursework or other programs offered by the school.
Continue Reading Another DOJ Action over Allegedly Inaccessible Websites and Other Technologies

CaptureBy John W. Egan

Despite the url (www.adatitleiii.com) and frequent federal focus of this blog, it is important to remember that many states and municipalities have their own disability access laws and regulations with which businesses must comply. Although many state and local requirements are similar to the ADA, this is not always the case.

Usually we’re reporting…
Continue Reading New York Law Creates Quandary for Businesses with New “Accessible Icon”

E-learning education or internet library. Conceptual imageBy Minh N. Vu and Paul Kehoe

The Department of Justice (DOJ) and edX today announced an agreement under which edX has voluntarily agreed to make its website, mobile applications, and open source learning platform conform to the Web Content Accessibility Guidelines 2.0, Level AA (WCAG 2.0). EdX contracts with some of the most prestigious universities and institutions in the…
Continue Reading Nation's Only Non-Profit MOOC Platform Provider Leads the Industry With Accessibility Commitment

Question markBy Minh N. Vu and Kristina M. Launey

Seyfarth’s ADA Title III Team — along with many businesses and disability advocates — has closely monitored the status of the Justice Department’s (DOJ) proposed website regulations since the DOJ started its process in September 2010. We were surprised to hear NPR’s March 7 report by Todd Bookman that the DOJ is…
Continue Reading NPR Report that DOJ Will Release Website Regulations This Month Requires Clarification

disabled buttonBy Minh N. Vu and Kristina M. Launey

On February 18, 2015, the U.S. Architectural and Transportation Barriers Compliance Board (“Access Board”) issued a proposed rule (“NPRM”) which would, among other things, adopt the WCAG 2.0 Level AA Guidelines (“WCAG 2.0 Level AA”) as the standard for federal government websites.  Section 508 of the Rehabilitation Act requires federal government websites…
Continue Reading Proposed Accessibility Standards for Federal Government Websites Highlights Double Standard Justice Department Seeks to Impose on Public Accommodations

By Minh Vu and Kylie Byron

The Department of Justice (DOJ) is continuing to pressure businesses to make their websites accessible even while it is drafting proposed regulations for websites that are supposedly coming out this June.  The latest business targeted by DOJ is the National Museum of Crime and Punishment, which entered into a settlement agreement that was …
Continue Reading Justice Department Settlement Requires the Museum of Crime & Punishment to Make Website, Facilities, and Tours Accessible

By Minh Vu and Kristina Launey

Although we attorneys who specialize in ADA Title III matters have been dealing with and writing about website accessibility issues for years, most people, including lawyers, know very little about this topic.  That status quo is about to change.  Last week, the Wall Street Journal published its second piece on the this topic…
Continue Reading DOJ Push for Website Accessibility Reaches the Mainstream Media

By Eden Anderson

Last month, the U.S. Department of Justice (DOJ) and U.S. Department of Education (DOE) issued a joint guidance Under Title II of ADA (the “Guidance”) explaining the obligation of public schools to provide “auxiliary aids and services” to ensure effective communication with students with hearing, vision, or speech disabilities. Although this Guidance applies to state and local …
Continue Reading New Justice Department Guidance Provides Useful Roadmap for Public and Private Schools on Their Effective Communication Obligations

By Minh Vu and Kristina Launey

The Justice Department (DOJ) just officially announced in the federal government’s Unified Regulatory Agenda that it is again pushing back the target date for publishing its proposed website regulations for state/local governments and public accommodations to December 2014 and June 2015, respectively.  The delay is no surprise because DOJ did not meet the …
Continue Reading Justice Department Further Delays Website Regulations