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The Online Accessibility Act (OAA) would amend the Americans with Disabilities Act (ADA) to include website and mobile application accessibility guidelines. The bill amendment would establish accessibility standards for such platforms that are operated by a private owner and are consumer facing sites. However, one significant exception would be created for small businesses that utilize online platforms. A user with a disability would be required to notify the business of the inaccessibility of the website. In turn, the company would then have ninety days to remedy the problem. If the accessibility problem was then not fixed, the user would then have the right to file a complaint with the Department of Justice (DOJ).
Two significant problems exist with this legislation. First, a specific amendment to the ADA to require the accessibility of websites is not necessary. The DOJ, on more than one occasion, has stated that website accessibility falls under the parameters of the ADA. Federal courts have even required respondents to apply currently existing standards in rulings. An amendment to the law simply is not necessary.
Second, and perhaps more importantly, a policy that puts the onus of reporting the violation on the person who experiences the inaccessibility is inappropriate. The law has been in effect since 1990, so website or mobile app, developers must know that they must fulfill several accessibility requirements. The requirements have existed for over thirty years, extra time to comply is not needed. Additionally, there are numerous situations where a person simply cannot wait ninety days to use a website or mobile app.
Congress:
Oppose the Online Accessibility Act!
The Online Accessibility Act (OAA) would amend the Americans with Disabilities Act (ADA) to include website and mobile application accessibility guidelines. Despite claims that the legislation will improve website and mobile access for users with disabilities, the bill will significantly hinder the rights of persons with disabilities.
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