Representatives Ted Budd (R-NC) and Lou Correa (D-CA) introduced the Online Accessibility Act on October 2, 2020. The bill would extend the Americans with Disabilities Act (ADA) to cover consumer-facing websites and mobile applications that are owned or operated by a private entity.
While the stated purpose of the ADA is to “provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities,” it was enacted prior to the widespread use of the internet and thus does not specifically mention web accessibility or cover the internet. As the statute is silent on internet accessibility and the courts have come to varying decisions about whether portions of the law are applicable to the virtual space, lawmakers have understandably been interested in legislating away the uncertainty. Businesses across the country—and especially those in the retail and restaurant sectors—have cited the need for clear rules in the web accessibility space so they can ensure that they achieve and maintain compliance.
In addition to extending ADA coverage to consumer-facing websites and mobile applications, the Online Accessibility Act would deem consumer-facing websites and apps that substantially comply with the Web Content Accessibility Guidelines (WCAG) 2.0 Level AA standards to be in compliance with the ADA. If a website or an app is not in compliance with WCAG 2.0 Level AA but offers “equivalent access” through an “alternative method,” it would be deemed compliant with the ADA. However, the bill directs the United States Access Board to promulgate regulations delineating definitions and further details with respect to these provisions.1