What Will a Trump Presidency Mean for Section 508?
The Americans with Disabilities Act
Donald Trump has never specifically addressed the Americans with Disabilities Act (ADA), so it is difficult to predict what his stance would be. In the past, scaling back rights for people with disabilities has proven to be politically unpopular. Given that neither advancing nor curtailing the ADA is among Trump’s priorities, it is unlikely that the Department of Justice (DOJ) enforcement of digital accessibility will change in the short term. Looking further down the road, it is possible that that the DOJ may shift its priorities away from the ADA, including a possible reduction in public sector enforcement for state and local governments under ADA Title II. However, all of this is speculative.
However, given Trump’s stance that many regulations are “wasteful and unnecessary” the proposed DOJ regulations on ADA Title II and III, which have already been long in development, are likely to get pushed back further. This lack of regulations makes digital accessibility standards nebulous, which is harmful to businesses and state and local governments. In this void, lawsuits on accessibility issues will be expected to increase, as plaintiffs will seek relief through litigation.
If you are interested in the topic, we recommend you check out Seyfarth Shaw’s ADA Title III Blog. Kristin Launey, a Seyfarth partner, put together an excellent analysis on the possible effects a Trump presidency may have on the ADA.