Five New York state and local government agencies agreed to fix covid-19 vaccine websites to make them accessible for blind users following a Department of Justice spurred by a KHN story.
New York State鈥檚 Department of Health, the City of New York鈥檚 Department of Health, New York City Health and Hospitals Corp., Nassau County and Suffolk County entered into written agreements with the U.S. Attorney鈥檚 Office for the Eastern District of New York, saying they have corrected issues that prevent blind or visually impaired users from accessing forms or navigating vaccine websites. In the agreements announced Tuesday, they pledged to maintain accessibility on those sites.
KHN鈥檚 February investigation detailed how covid vaccination registration and information websites at the federal, state and local levels violated disability rights laws and hindered the ability of blind people to sign up for the potentially lifesaving vaccines.
The investigation was cited sent to the Departments of Justice and Health and Human Services from several senators, including Sen. Maggie Hassan (D-N.H.), who also asked HHS and Centers for Disease Control and Prevention leadership about the issue in a . The Department of Justice the next month highlighting that 鈥渃ivil rights protections and responsibilities still apply鈥 for those with vision disabilities, and as well.
In response to the KHN investigation, the Department of Justice reached out to WebAIM, according to the group鈥檚 associate director, Jared Smith. WebAIM, a nonprofit web accessibility organization, ran an analysis at KHN鈥檚 request that found accessibility issues on nearly all 50 states鈥 vaccine websites, which provide general vaccine information, lists of vaccine providers and registration forms. WebAIM then helped the U.S. attorney鈥檚 office in its investigation, Smith said.
Clark Rachfal, director of advocacy for the American Council of the Blind, said the public agreements are vital as they put 鈥渙ther jurisdictions on notice that this is a violation of the civil rights of people with disabilities.鈥
, executive director of the U.S. Access Board, an independent agency of the federal government that works to increase accessibility, said he knew the department had investigations in progress in other states.
Inaccessibility for government websites is unlawful under the Rehabilitation Act of 1973 and the 1990 Americans with Disabilities Act, said , a blind attorney who works with the San Francisco-based TRE Legal Practice on accessibility cases.
He hopes the pandemic has shown just how vital online accessibility can be as so many people shifted to ordering their groceries, clothes and even medicine online.
鈥淭he notion that it鈥檚 fine if online things are inaccessible 鈥 I hope we鈥檙e beyond that now,鈥 he said. 鈥淚 hope the general public realizes that to cut people out of online access is effectively cutting them out of life.鈥
The National Federation of the Blind this summer with Curative, a startup that has administered covid vaccines and tests in cities across the country. Curative admitted no wrongdoing but agreed to make its website accessible within 30 days and pay NFB鈥檚 attorney fees, plus donate $2,500.
One blind California resident, Byran Bashin, who was unable to use Curative to register for his vaccine appointment online, was featured in the KHN investigation. 鈥淲e hear a lot of lip service about inclusion and respect for diversity,鈥 he said Thursday. 鈥淩espect for our diversity begins with intelligently designing these processes.”
Andy Imparato, a member of the White House鈥檚 COVID-19 Health Equity Task Force and executive director of Disability Rights California, said he expects a report on inequities from the task force to be given to President Joe Biden within the month. He said the report will likely call for an outside evaluation of access issues in the covid response, including website accessibility.
鈥淭he story that published had an impact across the country,鈥 Imparato said. 鈥淚t was very specific, it was very detailed, and it was hard to ignore. I think it was incredibly helpful.鈥
The National Federation of the Blind is pushing for a to codify online accessibility rights, but Rachfal said a fix can be done without Congress.
鈥淲hat鈥檚 needed is some leadership from the administration and the Department of Justice to promulgate regulations that they already have the authority to do,鈥 Rachfal said.
