Accessibility ADA Disabilities ACT Status 2025

Where are we with ADA?

ADA Laws Under New Administration — After years of working on revised ADA guidelines, the new Administration has decided to Withdraw the new regulations.  Hard to be 100% that existing Title II regs published last year mandating conformance to WCAG will continue to exist.  The odds of enforcement by Department of Justice are unlikely at best in any case.

Here are some points to consider:

• kiosk manufacturers now provide standard models with accessibility
• Assistive technology both hardware and software has come down in cost
• Serving existing customers and growing new customers is more important than ever
• In their past term the current Administration halted any and all regulations

Possible Action Plans

• The industry agreeing on a standard set of testing parameters using personas is the most significant step that could be taken. Even more remarkable than regulations and potential enforcement.

 

OIRA Conclusion of EO 12866 Regulatory Review RIN: 3014-AA44         View EO 12866 Meetings Received Date: 05/24/2024 Title: Accessibility Guidelines for Self-Service Transaction Machines  Agency/Subagency: ATBCB Concluded Action: Withdrawn Concluded Date: 01/29/2025 Publication Date: Regulatory Flexibility Analysis Required: Undetermined Small Entities Affected: Federalism Implications: No Affordable Care Act [Pub. L. 111-148 & 111-152]: No International Impacts: No Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]: No Pandemic Response: No Note: * Following the issuance of E.O. 14094 on April 6, 2023, which amended Section 3(f)(1) of E.O. 12866, OIRA has designated regulatory actions as “Section 3(f)(1) Significant” if under that newly amended section of E.O. 12866 they are likely to result in a rule that may have an annual effect on the economy of $200 million or more (adjusted every 3 years by the Administrator of OIRA for changes in gross domestic product); or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, territorial, or tribal governments or communities. After April 6, 2023, OIRA no longer designated regulatory actions as “Economically Significant.”** Between September 30, 1993, when E.O. 12866 was issued, and April 6, 2023, when E.O. 14094 was issued, OIRA designated regulatory actions as “Economically Significant” if under Section 3(f)(1) of E.O. 12866 they were likely to result in a rule that may have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities.

So What Next For ADA?

1. Current status of ADA regulations:
   The withdrawal of this specific rule (RIN 3014-AA44) does not affect the overall status of the Americans with Disabilities Act (ADA) or its existing regulations. The ADA remains in full effect, including Title II, which covers state and local government services.
2. Title II revocation:
   No indication existing Title II regulations will be revoked. The withdrawal of these specific guidelines for self-service transaction machines does not impact the broader scope of Title II or other ADA provisions.
3. ETSI and European leadership:
   While the U.S. has withdrawn this particular set of guidelines, it’s important to note that accessibility standards continue to evolve globally. The European Telecommunications Standards Institute (ETSI) and other European bodies may continue developing and refining their accessibility standards. However, without additional information, it’s impossible to definitively state whether they will “step up to lead” in this area.

It’s worth noting that:

• The withdrawal of these guidelines doesn’t necessarily mean a lack of progress in accessibility standards. It could indicate a reassessment or potential redirection of efforts.
• Accessibility remains a crucial concern globally, and various organizations and governments continue to work on improving standards and regulations.
• The ADA and its existing regulations still provide a framework for accessibility in the United States, even without these specific guidelines for self-service transaction machines.

To get a more comprehensive understanding of the current state and future direction of accessibility regulations, it would be advisable to monitor announcements from the U.S. Access Board, the Department of Justice, and relevant international bodies like ETSI.

More Links

• ADA ABA Guidelines for Terminals in Restaurants Hotels
• EAA Regulation Timelines – Compliance Matters! – Kiosk Industry
• EAA and Recent WCAG related Laws
• European Accessibility EAA Guidelines & Storm Interface
• Fact Sheet 4. Tax Incentives for Improving Accessibility – ADA.gov
• ADA Checklist 2022-March – Kiosk Manufacturer Association
• Wall Mount ADA Guidelines – Kiosks and Digital Signs
• Canada ADA Standards _ Public Comments Sought – Kiosk Industry

Resources

ADA US Access Board Proposed Rule 2022-20470