DOJ Officially Withdraws Regulations Related to Website Accessibly

The Department of Justice (DOJ) announced on December 26, 2017, that it has officially withdrawn its two Advanced Notices of Proposed Rulemaking (ANPRM) related to website accessibility: one under Title II of the Americans with Disabilities Act (ADA) applicable to state and local governments and one under Title III applicable to private businesses open to the public. The DOJ’s purported basis for the withdrawal of these two ANPRMs is to evaluate whether promulgating regulations about the accessibility of web information and services is “necessary and appropriate.”  Such evaluation “will be informed by additional review of data and further analysis.” The DOJ “will continue to assess whether specific technical standards are necessary and appropriate to assist covered entities with complying with the ADA.”

The announcement withdrawing the regulations follows the July 2017 decision to place the Title III regulations on the “inactive list” and ends efforts that started with the release of the ANPRM in 2010.

The withdrawal of these ANPRMs means continued uncertainty for website owners and operators as to the benchmarks that must be met to comply with the ADA, if any.

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