June 27, 2023 By Richard Hunt in Accessibility Litigation Trends , ADA Internet , ADA Internet Web , ADA Website Accessibility Tags: ADA defense , WCAG 2.1 AA , website accessibility
Several other sources have reported on recent legislation in California that would establish WCAG 2.1 AA as the minimum accessibility requirement for websites that do business in California.¹ The bill is a disaster in many ways, but rather than look at its many individual flaws I think it is useful to ask whether the entire law is invalid as an improper attempt to regulate interstate commerce. That’s right, the “dormant commerce clause” could make this and any similar effort by other states invalid.
The dormant commerce clause, for those who did not take Constitutional Law at some point in their lives, is a kind of mirror image of the Commerce Clause. The Commerce Clause – Article 1, Section 8, Clause 3 of the U.S. Constitution – gives Congress the power “to regulate commerce with foreign nations, and among the several states, and with the Indian tribes.” The dormant commerce clause interprets this to mean that states cannot make laws that excessively burden interstate commerce; that is, only Congress
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williamgoren.comUnderstanding the ADA | an ADA/Rehabilitation Act blog by Attorney William Goren
Understanding the ADA | an ADA/Rehabilitation Act blog by Attorney William Goren