by Mary Minow, J.D., A.M.L.S.
- blind user [using a text reader to interpret the Internet](1)
As library patrons access your library through the Internet, new access issues arise. On the one hand, the Internet can make your library's resources more accessible to some patrons with disabilities, especially homebound patrons. On the other hand, ineffective web page design can shut some patrons out, particularly patrons with visual impairments. For example, without special coding, a text browser will only display the word "image" when it reads a graphic image. If the graphic is essential to navigating the site, the user can go nowhere fast.
The Americans with Disabilities Act was enacted in 1990. Public libraries are covered under Title II and private libraries are covered under Title III. 42 U.S.C. Section 12101 et seq.
The ADA prohibits discrimination against persons with disabilities, and provides a private cause of action to patrons to enforce its provisions.
Section 12132 states that "no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity." Section 12131 (1) (A) and (B) defines a public entity as any state or local government, or any department or agency, special-purpose district, or other instrumentality of a state or states or local government.
A recent complaint was filed by a visually impaired public transit customer, claiming that the San Francisco Metropolitan Transportation Commission website violates the ADA as it is inaccessible to his screen reader, which translates text from the website.(2) A complaint against San Francisco alleged that city kiosks were inaccessible to people who are blind or deaf. The city and its vendor is now working to resolve the problem.(3)
In a policy ruling dated 9/9/96, 10 NDLR 240, the Department of Justice stated that state, local governments and the business sector must provide effective communication whenever they communicate through the Internet. The effective communication rule would apply to libraries using the Internet for communication regarding their programs and services.
Further, the Office of Civil Rights, U.S. Department of Education, surveyed all California community colleges and libraries to address technology issues for people with disabilities. In their groundbreaking finding of January 1998, OCR directed that college systems ensure that their campus (and library) web pages be accessible. At the California Association for Seconday Education on Disability Conference in October 1998, the Chancellor passed out copies of the letters and his responses directing this effort.(4)
When building a library out of bricks and mortar, to meet the accessibility guidelines dictated by law, it's best to use universal design principles. The guiding principle behind universal design is the assurance that a building is usable equably by all people. More often than not, well-thought out design not only opens a building to people with disabilities, but also makes its use more convenient for others as well. For example, ramps and elevators are used by patrons in wheelchairs, are also appreciated by others, such as parents with strollers.
Similarly, universal design principles in web page design can be useful to a variety of patrons. Patrons who wish to display images can choose to do so, while those with slow modems may choose not to display them, if alternative text is provided.
The World Wide Web Consortium (W3C), a private standard-setting body released a draft set of Unified Web Site Accessibility Guidelines. Of primary importance in the guidelines are the use of alternative tags to provide descriptions of images, concern for color contrasts, avoidance of tables, and a simple separation between hyperlinks to allow screen readers to understand them.
The City of San Jose, a national and international model for accessible web page design posts its accessibility guidelines. Its ten minimum requirements for web accessibility are summarized here:
A California library that provides access to electronic resources beyond the Internet must also ensure that it does not discriminate in providing access to individuals with disabilities. This includes not only physical access to terminals, but also an obligation to provide effective communication of the electronic resources therein.
Bobby, a web-based service that analyzes the accessibility of a web page http://www.cast.org/bobby/
Leslie M. Campbell and Cynthia D. Waddell, "Electronic Curbcuts: How to Build an Accessible Web Site" available at http://www.prodworks.com/ilf/ecc.htm
Cannon, Robert, "Does Your Web Page Violate the American Disabilities Act?" available at http://www.best.com/~tstms/webada.html and at http://adlaw.ljx.com/legislation/does_web_page_violate_ada.html
City of San Jose World Wide Web Page Disability Access Design Standards http://www.ci.san-jose.ca.us/oaacc/disacces.html
"Is Your Site ADA-Compliant? . . . or a Lawsuit-in-Waiting?" Internet Lawyer 11/98 available at http://www.internetlawyer.com/ada.htm
State of California. Accessible Web Design. Useful page of links to diagnostics and guidelines. http://www.ca.gov/access/howtoweb.html
Waddell, Cynthia "Applying the ADA to the Internet: a Web Accessibility Standard." available at http://www.isc.rit.edu/~easi/law/weblaw1.htm
W3C Web Content Accessibility Guidelines (Draft) http://www.w3.org/TR/WD-WAI-PAGEAUTH/
Lastly, be alerted that a major conference entitled "Understanding the Digital Economy" in May will feature Cynthia Waddell who has been commissioned to write a White Paper entitled, "The Growing Digital Divide in Access for People with Disabilities." The draft of the paper will be posted May 1 at http://www.ita.doc.gov/industry/otea/utde/index.html
Getting Started: Two Ways to Check Your Library's Web Page Accessibility
First Way: Turn off images in your browser.
In Netscape, Edit/ Preferences/Advanced/ then uncheck the box that says "automatically load images." Note: If you have a dial-up connection, you will notice that pages load much faster.
See if you can read and navigate your web page without the images.
Second Way: Check Your Page by using the Bobby Website.
1. Cynthia Waddell, "Applying the ADA to the Internet: a Web Accessibility Standard." written and presented on June 17, 1998 at the American Bar Association national conference. Available at http://www.isc.rit.edu/~easi/law/weblaw1.htm quoting NY Times Cybertimes, 12/1/96.
2. S. Connolly, "Compliance with the Americans with Disabilities Act in Cyberspace," Cyberspace Lawyer, January 1999 p. 8.
3. "Web focal to blind man's complaint," USA Today Tech Report 01/26/99 available at http://www.usatoday.com/life/cyber/tech/ctd831.htm
4. Interview with Cynthia Waddell, March 10, 1999.
5. City of San Jose Disability Access Standards Page available at http://www.ci.san-jose.ca.us/oaacc/disacces.html
Copyright © 1999 Mary Minow
Permission to reprint for nonprofit use is granted. The librarylaw.com column is not intended to replace legal advice. For a particular fact situation, consult an attorney.
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