Hurry Up & Wait: DOJ Again Delays Long-Anticipated ADA Rules Governing Website Accessibility
In July 2010, the United States Department of Justice (DOJ) released an Advanced Notice of Proposed Rulemaking (ANPRM) that would explicitly include websites as “places of public accommodation” under the ADA, and sought public comment regarding proposed rules intended to ensure that websites will be fully accessible to individuals with a wide variety of disabilities. Since that time, owners and operators of e-commerce websites have been anxiously awaiting the promulgation of new rules governing website accessibility, only to see the DOJ repeatedly delay issuance. In September 2015, we published an alert warning retailers of the impending promulgation of the new rules, only to see the DOJ delay issuance until April 2016. Well, on April 28, 2016, the DOJ finally acted – but instead of promulgating the long-awaited website accessibility rules, it surprisingly withdrew the 2010 ANPRM.
*This alert was originally posted on Arent Fox's Behind the Scenes blog. To read this alert in its entirety, please click here.