WebAIM’s response to the ADA SANPRM
History of the Web and ADA
Since at least 2003, the U.S. Department of Justice has indicated that web sites are covered by the Americans with Disabilities Act. However, despite years of consideration, there are not yet technical or implementation regulations that define where or how web content must be accessible in order to meet ADA requirements. This has left lawyers, complainants, and the Office of Civil Rights with the ability to file complaints or lawsuits based on any indication of inaccessibility – and they can then demand accessibility to any arbitrary level and on any timeline they choose.
I often compare this situation to being given a speeding ticket on a road that has no speed limit signs – the enforcer can determine if you’re going too fast, without a specific measurement of what that means. With that said, it’s increasingly difficult to claim that one doesn’t know web accessibility is important. Nevertheless, clear regulations are necessary to ensure progress and fairness.
In 2010, the Department of Justice issues an Advanced Notice of Proposed Rulemaking to seek feedback on how to regulate web accessibility [...]