House Appropriators Pushing Justice Department on ADA Guidance
The provision expects the DOJ to clarify standards for website accessibility requirements in FY2019.
In a move that could help stem the tide of predatory lawsuits over website access under the Americans with Disabilities Act, a House committee has included language in an annual funding measure directing the Justice Department to issue guidance on the issue.
The House Appropriations Committee on Thursday approved its version of the Commerce-Justice-Science funding measure.
During consideration of the bill, Subcommittee Chairman John Culberson (R-Texas) presented a manager’s amendment making changes to the bill, including the ADA provision.
The provision states that the Appropriations Committee expects DOJ to clarify standards for website accessibility requirements in FY2019.
“The Committee recognizes the confusion caused by a lack of uniform website accessibility standards,” the provision states. “The lack of clear requirements disadvantages small businesses that provide essential services for our communities.”
More than 100 credit unions have been sued over access to their websites since September 2017. Many of the lawsuits have been filed by the same law firm. Several of the suits have been dismissed, while many others were settled.
NAFCU and CUNA have been working with their members in fighting the lawsuits.
The Obama Administration had said that it would release guidance attempting to clarify the issue of website access under the ADA.
However, the Trump Administration said it would not issue the guidance and moved it to an inactive status as part of its de-regulatory efforts.
And the DOJ did not address the issue when the Spring update of the agency’s regulatory agenda was released earlier this month.
Culberson’s proposal still must wind its way through the legislative process. The bill still must go to the House floor. The Senate Appropriations Committee has not marked up its version of the appropriations measure.
And Congress may try to delay final spending decisions until after a likely Lame Duck session following the November midterm election.