Introduction
Local Governments are waking up to the fact that the accessibility of website content has tangible benefits for citizens with disabilities.
Since the ADA was passed in 1990, local governments have made sure that their government buildings are accessible to citizens with disabilities. But many officials are realizing that ADA and Section 508 also apply to the information they make available on their websites for the sake of transparency.
Compliance ADA vs. Section 508 vs. WCAG
Americans with Disabilities Act (ADA)
Title II of the ADA prohibits discrimination against people with disabilities in all services, programs, and activities of state and local governments.
Section 508
Section 508 requires Federal agencies to make their electronic and information technology accessible to people with disabilities.
WCAG
WCAG (Web Content Accessibility Guidelines) was developed to make the internet inclusive for everyone.
WCAG 2.0 Level AA is the standard for local governments.
State-wise Accessibility Laws
New York
New York City became the first major municipality in the United States to adopt the website accessibility legislation (Intro. 683-A) mandating accessibility standards for all government websites.
Colorado
Colorado House Bill 1110 mandates that all that state and local government websites adhere to the “most recent” version of WCAG by July 1, 2024.
5 Things local governments have to know about website accessibility
1. The Americans with Disabilities Act (ADA) has established accessibility standards for local government websites
ADA requires local governments to ensure all of their digital content is accessible by citizens with visual, auditory, and other physical limitations and disabilities.
2. All local government websites should be designed to accommodate the use of assistive technology
Local government websites must be compatible with common forms of assistive technology such as screen readers, OCR software, and voice recognition tools.
3. All images on civic websites must have alt text descriptions
Visually impaired users use screen readers to read the alt text for images.
4. Standards are available to guide government website design
Section 508 and WCAG guidelines help government website designers ensure they are continually building compliant websites.
5. Failure to comply with accessibility standards could have financial implications
Since 2011, hundreds of local and state government entities have been sued on the grounds of having inaccessible websites. The fines can be up to 75,000 dollars for the first violation and 150,000 dollars for any subsequent violation.
The importance of compliance with accessibility laws
⬤ Section 508
Local governments should adhere to Section 508 because every level and form of government provides services to all people, including people with disabilities.
⬤ ADA
ADA requires local governments to ensure all of their digital content is accessible by citizens with visual, auditory, and other physical limitations and disabilities.
Title II Sample Cases
Since 2011, 150+ local governments have been sued for website accessibility issues.
City of Durham, North Carolina and City of Jacksonville Florida
The United States Department of Justice reached a settlement with these two cities to operate their programs, services, or activities so that they are readily accessible to and usable by individuals with disabilities.
Local governments can make use of this simplified checklist to make their websites accessible:
Establish a policy that your webpages will be accessible.
Ensure that all new and modified webpages and digital content are accessible.
Develop a plan for making your existing web content more accessible.
Ensure that in-house staff and contractors responsible for webpage and content development are properly trained.
Provide a way for visitors to request accessible information or services by posting a telephone number or e-mail address on your home page.
Periodically enlist people with disabilities to test your pages for ease of use.
Conclusion
In 2003, the U.S. Department of Justice (which enforces the ADA) released an online guide for state and local governments https://bit.ly/3KI0ANW. The Department recommends agencies develop an action plan to improve web accessibility.
Local governments must hasten to implement accessibility into their websites to ensure equal access to citizens of all abilities. According to a survey by the National Institute of health, one in five Americans, about 53 million people have a disability of some kind. Ensuring equal access to information is the primary responsibility of those at the seat of power.
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