Recently Asked Questions

In April 2024, the Federal Register published the US Department of Justice’s final rule on Title II of the Americans with Disabilities Act (ADA). The rule includes specific requirements for state and local governments to ensure that web content and mobile applications are accessible to people with disabilities. My question is related to the applicability of Title II to the online collections of public academic libraries, and more specifically, to born-digital archival collections, i.e., archival collections consisting of materials originating in a computer environment.

According to the rule, state and local entities must follow the technical standard outlined in the Web Content Accessibility Guidelines (WCAG) 2.1 level AA. However, this rule allows for five exceptions: https://www.ecfr.gov/current/title-28/section-35.201.

I understand the updated regulation does not override the existing obligations under Title II to make reasonable modifications on an individual basis, but it is unclear if Title II applies to born-digital archival collections, or if these collections fall under the exceptions linked above.

A member of the public called me regarding the trend to switch to LED lighting in many libraries, especially rural libraries applying for NYS Public Library Construction Funding. She told me that she suffers from Photosensitive Epilepsy, and LED lights (among other light sources) cause her to have seizures, which result in injuries. She said this disease has limited access to much of what we all take for granted.

The local library, across the street, was the only place she could go because of the older lighting. The library is about to undergo renovation, and LED lighting may be part of the project because of its cost-savings and environmental impact.

She would like the library board to reconsider and asked why the library has not conducted a “reduction of access survey” because public libraries need to maintain or improve access. Are there reasonable accommodations combined to be fiscally responsible?

Thanks.

My institution subscribes to the "Kurzweil Reading Program", a "Text-to-Speech" product for those with reading impairments (dyslexia, English language learners, blind/vision impaired, etc.)

Section 121 indicates these users are "eligible persons" for "fair use", but others, without such disabilities could use the program (like an audiobook in the car!).

We'd be putting TEXTBOOKS up in the program; that fair use violation is what I'm worried about....

Thanks!

We had a patron come in this past week who said that he couldn't see well and also couldn't type or use a mouse, but he needed to certify Unemployment Insurance. He asked the staff member to login with his username and password and do this for him, and the staff member was, understandably, uncomfortable doing it.

I feel like patrons who divulge their personal data to us are doing it of their own accord and our privacy responsibility is to not share that information with others without the consent of the patron.

In this particular case, the patron was offering his information and consenting for us to enter it for him. As such, I don't think this violates any privacy agreement we have made as employees of the library.

The part that I worry about is, could this come back on an employee if they are doing a legal filing for a patron and the filing may be fraudulent? I am optimistic by nature and like to think people have good intentions, but the reality is, I know this happens. I wouldn't want to put an employee in a sticky legal position if they filed what might turn out to be a fraudulent claim for someone.

Do you know of similar situations in other libraries and what, if any, legal ramifications there might be for employees who could be caught in the middle of something like this?

Some of my member libraries have questions about the new Gender Neutral Bathroom Legislation:
 

1) Type of signage required to be placed on or near the bathroom door. That is, does the sign have to specify "gender neutral", or, is "bathroom" ok.  Also, can one use a sign that uses symbols (male, female, ADA) rather than sex?

2) Is a library required to have at least one designated male and one designated female bathroom in the building in addition to a gender neutral one? One of my libraries was with 3 bathrooms was told that was the case.

3) Is there a height requirement for braille signs so that individuals who use wheelchairs can reach it?

[This is the part of the legislation that is generating questions: "Such gender neutral bathroom facilities shall be clearly designated by the posting of such on or near the entry door of each facility."]

It will be good to have clarification/interpretation; it sounds like it has to be clearly stated as gender neutral, which likely can be done with signs with the symbols, but you never know.

Thank you in advance for providing clarification on this legislation.