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New rules mark ADA anniversary

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WASHINGTON—The U.S. Department of Justice is considering adding accessibility requirements for websites, movies, equipment and furniture such as ATMs and medical exam tables, and 911 call-taking technologies under the Americans with Disabilities Act.

The Justice Department, which is marking the 20th anniversary of the ADA this week, also has issued two final rules concerning architectural accessibility standards.

The federal agency published formal notice of the proposed rulemaking in Monday's Federal Register and is seeking public comment for 180 days.

“We are working hard to ensure that the ADA keeps up with technological advances that were unimaginable 20 years ago,” U.S. Attorney General Eric Holder said in a statement.

In a fact sheet, the Justice Department said that when the ADA was enacted in 1990, the Internet “as we know today did not exist.” It said it has received numerous comments urging it to establish provisions that would provide ready accessibility to the Internet for individuals with disabilities.

In 2008, Minneapolis-based retailer Target Corp. agreed to pay $6 million to the National Federation of the Blind, a Baltimore-based advocacy group, to settle charges that the design of Target's retail pages on its website illegally denied access to the visually impaired.

The federal agency also said technologies have been developed since the ADA was enacted 20 years ago allowing closed captions and video description in movies shown at theaters, although these are not generally made available.

In May, a panel of the 9th U.S. Circuit Court of Appeals overturned a lower court ruling that held the ADA does not require movie theaters to alter the content of their services for the disabled. The case was bought by one plaintiff who had a severe hearing loss and a second who was partially blind.

In addition, the Justice Department said many emergency 911 call centers are not yet equipped to receive text or video calls over the Internet.

It also said it now has a better understanding “of the barriers posed by inaccessible equipment and furniture,” as other changes in technology have resulted in the development and improved availability of accessible equipment that ranges from accessible exam tables for individuals who use wheelchairs to "talking" ATMs.

On a related front, Mr. Holder on Friday signed two final regulations that revise the Justice Department's ADA regulations, including its ADA Standards for Accessible Design.

One regulation concerned design standards that are applicable to public entities. The second applies to public accommodations and commercial facilities. Both adopt standards for accessible design that are consistent with guidelines developed by the U.S. Architectural & Transportation Barriers Compliance Board, a federal agency.

The regulations generally take effect in six months, although compliance is not required for 18 months.

Further information is available at www.ada.gov.