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.

We have a large facility. Sometimes patrons have to walk far to get to various programs and spaces. We have had a few patrons in the recent couple of months ask if we have a wheelchair or walker they could use to help them get around. We consulted with our insurance provider about this and he basically said to ask a lawyer. We want to provide accessibility accommodations but are also concerned if doing so opens us up to liability issues. Thanks!

How long should the library retain employee records, payroll records, sales and purchase records, mortgage and loan documents, and other records?

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!