Sen. Ed Markey (D-Mass.) wants Title II to cover websites, but it is Title II of the Americans with Disabilities Act he and other lawmakers are pushing this time.
In a letter to the director of the Office of Management and Budget, Markey and eight other Senate Democrats said that it was past time for OMB to complete its review of a DOJ rulemaking proposal—issued a half decade ago—clarifying the obligations under Title II and III of the ADA to make websites and other information systems and communications technology (ICT) accessible to people with disabilities.
DOJ has secured settlement agreements under ADA's more general communications accessibility requirements, but the rulemaking would establish specific requirements and compliance standards.
The senators said the settlements—with retailers, state and local governments, the hospitality industry—are laudable but only apply in those specific instances, while others, they say, are exploiting the lack of regulatory clarity to avoid taking "appreciable actions." They did not name any names.
They said that it is time for OMB to complete its review of the rulemaking proposal. Among other senators on the letter were Al Franken (Minn.), Dick Durbin (Ill.), Corey Booker (N.J.), Richard Blumenthal (N.Y.) and Barbara Mikulski (Md.).