Partner Eve Hill and National Federation of the Blind (NFB) President Mark Riccobono co-authored an article for Law360’s Expert Analysis feature, entitled, “DOJ Delay Of ADA Web Rule Undermines Equal Access,” explaining how the Department of Justice’s (DOJ) delay of compliance dates for its final ADA web rule is harmful, not helpful.
Since the ADA was enacted 36 years ago, the way in which people access information and interact with government entities has changed drastically. As Eve and Mark explain in the article, many individuals use websites and mobile applications to apply for benefits, obtain an education, pay taxes, access public records, and participate in civic life. “For those with disabilities, the ADA promises that those digital doors should be open to them,” said Eve and Mark.
In April 2024, the DOJ issued a final rule after local and state governments contended they needed more regulatory direction on the accessibility of web information and services – providing compliance dates of April 2026 and 2027, depending on the size of their entity. The 2024 rule was lauded for providing the exact regulatory clarity that public entities spent years requesting. For example, it spells out the precise technical standard that is to be used to determine if and when a website or mobile app is fully accessible, thus giving entities a firm benchmark to measure against and a legal defense if the resource’s accessibility is called into question.
However, the DOJ recently announced it will be moving these dates back one year. Specifically, the DOJ’s new interim final rule grants an extension of an additional year for entities with populations of 50,000 or more to comply and extends the deadline to 2028 for entities with smaller populations.
Along with the announcement of the unwarranted delay, the DOJ stated that “the Department plans to engage in future rulemaking processes related to the substantive requirements of the 2024 final rule,” leaving disabled individuals to worry that the DOJ may further undermine or eliminate the 2024 rule.
While the DOJ claims the reason for the delay is that governments do not have the resources to meet the regulatory requirements, Eve and Mark point out that the delay imposes more costs and burdens.
The ADA already requires entities to maintain effective communication with individuals with disabilities, even during any delay of the new regulation. For instance, without an accessible website, entities need to rely on staffed phone lines to ensure blind individuals can access services, which would likely require bringing on additional personnel – likely costing more than just making the website accessible.
The DOJ acknowledges that people with disabilities will face added burdens in the meantime, needing to request accessible materials individually, which could overwhelm local governments and shift efforts from proactive compliance to reactive problem-solving.
Eve and Mark underscore that the delay is unjust because government information and services have been transitioning online for the past 30 years. Rather than delay, they say, government entities should work to make web information and services accessible for disabled individuals.
“The interim final rule should therefore be rescinded, and governments should get down to the work of collaborating with their disabled citizens to create an online environment that is accessible to everyone,” they wrote. “If they do, the end result will be better for all concerned.”
BGL’s work with the NFB extends as far back as 1986, when Founding Partner Dan Goldstein first took on the role of the organization’s counsel. He remained the NFB’s counsel until his retirement in 2017 and was the first lawyer to successfully argue that the Americans with Disabilities Act (ADA) applied to the virtual realm. Following his retirement, Dan passed on his work with the NFB to Eve.
Eve Hill is one of the nation’s leading civil rights lawyers, known especially for her work with clients with disabilities and LGBTQ+ clients. She has been recognized by Law360 as one of just 12 “Titans of the Plaintiffs’ Bar” for 2023, as well as by Lawdragon as one of the 500 Leading Lawyers in America (2022-2025). Her wide-ranging experience complements Brown, Goldstein & Levy’s decades of dedication to high-impact disability rights cases and its advocacy on behalf of individuals with disabilities and their families. Eve also leads Inclusivity, BGL’s Strategic Consulting Group, which works with organizations to promote the education, engagement, and employment of people with disabilities. Learn more about Eve here.
Read the full article from Law360 here.
Founded in 1982, Brown, Goldstein & Levy is a law firm based in Baltimore, Maryland, with an office in Washington, D.C. The firm is nationally recognized in a wide variety of practice areas, including complex civil and commercial litigation, civil rights, health care, family law, and criminal defense. Above all else, Brown, Goldstein & Levy is a client-centered law firm that brings decades of experience and passionate, effective advocacy to your fight for justice.