I’m sure many of you have heard by now about UC Berkeley’s decision to remove tons of otherwise publicly available content because the Department of Justice recently found that its content did not meet minimum accessibility standards under the Americans with Disabilities Act. This very unadulterated ableist move on the part of UC Berkeley has been accompanied by equally unadulterated ableist responses:
Ugh. When the law requires you to delete a bunch of content from the public view just because a few people can’t access it, then the law must be pretty harsh, don’t you think?
This decision is rash and ridiculous. Also, the DOJ ruling is rash and ridiculous. Now, no one gets to access the content.
The ADA requirements are clearly too rigorous when even a place like UC Berkeley finds it too burdensome to comply.
Let me make something clear: UC Berkeley knew all along what it had to do to meet the requirements of the ADA. Anyone who creates online content knows about the section 508 ADA requirements and the more inclusive W3C’s Web Content Accessibility Guidelines. Transcripts for audio material. Decent closed captions for video material (no, the YouTube auto-captions aren’t sufficient; they suck). If you provide public web content and don’t know about these guidelines then you are doing it wrong. It’s like saying you specialize in providing web video content but then not knowing how to turn on a webcam. Nope.
What I’m saying is this: UC Berkeley knew better. It just chose to ignore the law anyway. And now that it has been caught in its disregard for the protection of people with disabilities it has chosen to take the petulant toddler approach: if I can’t do it my own ableist way, then no one can play.
It is not the law that makes UC Berkeley’s compliance obligations overly burdensome. It is the fact that UC Berkeley has spent so much time producing content in blatant disregard of the law that now makes compliance so burdensome. Essentially, they’ve been ignoring the law for so long, that it will now cost them a lot of time and money to make things right. That’s not the law’s fault; that’s on them.
And what’s worse is I know for a fact that UC Berkeley is far from being the only institution out there in this situation. They may have been the speeding car that got pulled over by the cops, but they are far from the only or even most egregious offender. I’m certain there are other institutions out there that are blissfully ignoring ADA requirements, and the warnings of conscientious employees, in the hopes of never being called to task. I can only hope that those organizations take what is happening at Berkeley as a clear warning. And I applaud the National Association of the Deaf for pushing back on these forms of lazy ableism.
The fact is that ADA requirements actually fall way short of providing people with disabilities with adequate access to materials. So complying with those rules is, quite literally, the very least that an organization can do.
Let’s do better.