Department of Justice, Washington, D.C. (Source: Shutterstock)
Seven Republican senators are pressing Attorney General William Barr to issue Justice Department guidance on Americans with Disabilities Act website requirements.
The senators reminded Barr that during his confirmation hearing earlier this year, he made a commitment to studying the issue and to consult with members of Congress. The senators indicated that they had not received a response yet.
Many lawsuits have been filed against credit unions and other businesses by plaintiffs contending that the institutions' websites are not accessible to the disabled, as required under the ADA.
Some appellate courts have dismissed those suits, but credit union trade groups have expressed frustration as legal bills continue to climb. Advocates long have argued that Justice Department guidance is needed to settle the issue.
In 2010, the Obama Administration issued an Advanced Notice of Proposed Rulemaking stating that it would issue ADA guidance, but President Trump put the issue on the back burner.
As a result, the lawsuits were filed.
The DOJ has not issued guidance despite past calls by six senators, 103 House members and 19 attorneys general.
Appropriators also have tried to force the issue by including language in appropriations bills, but that language has not survived House-Senate conference committees.
In their letter, the senators said that the DOJ said that the ADA applies to public accommodation websites but did not indicate that it would provide any additional guidance.
The senators asked Barr whether the DOJ had considered intervening in any of the pending litigation to provide greater clarity to the controversy.
"Absent further guidance, compliance will remain a matter of increasing litigation and inconsistent outcomes," the senators wrote. "Regulation through litigation should not be the standard."
The Republican senators signing the letter were Charles Grassley of Iowa, Thom Tillis of North Carolina, John Cornyn of Texas, Mike Crapo of Idaho, Joni Ernst of Iowa, Marsha Blackburn of Tennessee and Mike Rounds of South Dakota.
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