Several states in the United States have enacted accessibility laws or have adopted accessibility standards for various purposes, including digital accessibility. Some states have laws specifically addressing accessibility in areas such as public accommodations, transportation, or information and communication technology (ICT), while others may have broader disability rights legislation that includes provisions related to accessibility. The Section508.gov website has a sampling of state-level accessibility laws and policies.
Kentucky Accessible Information Technology (AIT) Law (KRS 61.980 to 61.988)
Under the Kentucky Accessible Information Technology Law, the head of each covered entity (i.e. the state and other state-assisted organizations) shall ensure that all information technology equipment and software it uses for employees, program participants and the general public, will provide individuals with disabilities with access “that is equivalent to the access provided individuals who are not disabled” (KRS 61.982).
As a means of determining conformity with this provision, Kentucky law further defines that the level of access provided by covered entities must be in compliance with section 255 of the Federal Telecommunications Act of 1996 and Section 508 of the Rehabilitation Act of 1973 access standards (36 C.F.R. 1194).
Further, any contract for the procurement of information or telecommunication technology by, or for the use of, a covered entity, as defined in KRS 61.890(4), shall include a Technology Access Clause which shall be in compliance with section 255 of the Federal Telecommunications Act of 1996 and Section 508 of the Rehabilitation Act of 1973 access standards (36 C.F.R. 1194) and shall establish alternative, including non-visual, access standards for use in the procurement of information technology by covered entities.
Section 508 of the Rehabilitation Act
Section 508 of the Rehabilitation Act is a law that requires federal agencies to make their electronic and information technology accessible to people with disabilities. This includes things like websites, software, and digital documents. The law aims to ensure that everyone, including people with disabilities, can access and use these technologies without barriers.
This means federal agencies must design, develop, and maintain their digital products in a way that accommodates various disabilities, such as visual, auditory, or motor impairments. Compliance with Section 508 helps promote equal access to information and services for all individuals, regardless of their abilities.
Section 255 of the Federal Telecommunications Act of 1996
Section 255 of the Federal Telecommunications Act of 1996 requires telecommunications products and services to be accessible to people with disabilities, if readily achievable. This means that companies that make telecommunication equipment or provide services, like phones or internet services, must consider how people with disabilities can use them. They need to make changes that are reasonable and do not cost too much. These changes might include adding features like volume controls or screen readers so that people with disabilities can use the products or services more easily. The goal of this law is to make sure that everyone, including people with disabilities, can use and benefit from modern telecommunications technology.
The 21st Century Communications and Video Accessibility Act (CVAA)
The 21st Century Communications and Video Accessibility Act (CVAA) is a law designed to ensure that people with disabilities can access modern communication and video technologies. It mandates that smartphones, internet services, and other communication tools are usable by individuals with disabilities. Additionally, the law requires that video programming on television and the internet include features like closed captions and video descriptions to aid accessibility. Moreover, it stipulates that communication equipment and services must be compatible with assistive devices such as hearing aids. The CVAA strives to make communication and video technology accessible to all, regardless of disabilities.
The Americans with Disabilities Act (ADA)
Titles II and III of the Americans with Disabilities Act (ADA) play a crucial role in ensuring Information and Communication Technology (ICT) accessibility. Here’s how each title applies:
Title II: State and Local Government Services
Title II of the ADA mandates that all services, programs, and activities provided by state and local governments must be accessible to individuals with disabilities. This includes ICT resources used by these entities.
Key Applications to ICT Accessibility:
- Website Accessibility: Government websites must be designed and maintained to be accessible to people with disabilities. This includes providing alternative text for images, ensuring that forms can be navigated and completed using assistive technologies, and that videos have captions.
- Electronic Documents: PDFs, Word documents, and other digital files must be accessible. This includes using proper heading structures, providing text descriptions for non-text elements, and ensuring that the documents are navigable using screen readers.
- Public Kiosks and Terminals: Any interactive kiosks or terminals used by the public must be accessible, including features like screen readers or braille displays for individuals who are blind or visually impaired.
- Communication Methods: Email systems, online communication platforms, and other ICT used by government entities must be accessible, ensuring that all citizens can participate fully in civic life.
Title III: Public Accommodations and Commercial Facilities
Title III requires that places of public accommodation (businesses and nonprofit organizations that serve the public) ensure their ICT is accessible to people with disabilities.
Key Applications to ICT Accessibility:
- Business Websites: Commercial websites must be accessible, ensuring that customers with disabilities can browse, shop, and interact with the site effectively. This includes making the site navigable by keyboard, providing text equivalents for multimedia, and maintaining proper color contrast.
- Mobile Applications: Apps developed by businesses must be accessible, adhering to guidelines such as providing text alternatives for non-text content, ensuring that all functionalities are accessible via assistive technologies, and implementing accessible navigation.
- Point of Sale Terminals: POS systems in stores and other retail environments must be accessible to customers with disabilities. This could include features like tactile buttons, speech output, and compatibility with assistive devices.
- Self-Service Kiosks: Similar to Title II, any self-service kiosks provided by businesses (e.g., ticket machines, information kiosks) must be accessible to individuals with disabilities.
- Accessible Communication: Businesses must provide accessible means of communication, including websites, email, and other online communication platforms. This ensures that all customers can engage with the business without barriers.
Importance and Implications
The ADA’s focus on ICT accessibility under Titles II and III ensures that digital barriers do not exclude individuals with disabilities from participating in civic life or accessing goods and services. Non-compliance can result in legal challenges and penalties, as well as reputational damage for businesses and government entities. Therefore, prioritizing ICT accessibility not only fulfills legal obligations but also promotes inclusivity and equality.
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