Comment on FR Doc # 2026-07663

As the Mayor of Nashua, New Hampshire, I am writing to express support for the ADA Final Rule deadline extension and to request additional review and edits regarding the accessibility of web content and mobile applications under Title II of the Americans with Disabilities Act (ADA). While our City remains committed to the principle of equal access for all citizens, the technical, financial, and labor requirements imposed by the current rule are incompatible with the operational realities of our mid-sized municipal government. While we acknowledge the Department's one-year compliance extension, a delay does not address the underlying issues. We urge a review, clarification, and a rewrite of select sections for the following reasons: Third-Party Content: our digital operations use external database systems, third-party software, and various vendor-supplied content that we do not control, but need to post on our website to maintain compliance with NH RSA Chapter 91-A. Examples of such content include a handout provided by a private contractor to post with the meeting materials or an external database of property records. Our meeting agenda packets, which are vital for transparency, often include 50 or more pages of third-party documents, such as presentations, proposals, reports, and contracts. More complex documents may be hundreds of pages on their own. The remediation of these materials would fall to our Legislative Affairs Office, which is staffed by two full-time employees. In addition to their regular duties, adding remediation of third-party content will delay regular office work and reduce efficiency, including time-sensitive legal requirements. This remediation work still offers no clear path to compliance; software tools still require a human eye, manual checks, and fixes with no guarantee of total compliance. While we do agree that once the rule goes fully into effect, federal, state, and other local governments will have compliant material to share, private entities, small businesses, and individual private citizens who provide us with content posted to our website will not have the skill nor the budget to acquire training and software to remediate content. We strongly suggest another review of compliance criteria regarding third-party and externally provided content. Unintended Effect on Public Transparency: the stated goal of this rule is to increase access to government digital services for all users, but the implementation is more nuanced, leaving many municipalities at a crossroads. Due to the looming possibility of noncompliance, public complaints, or litigation, and the lack of resources for remediation, our City—and many like us—are contemplating pulling services and documents down from our websites. Rather than a more accessible digital landscape, the public is facing reduced access to information, as the City will simply need to maintain a smaller digital footprint to ensure compliance. Clarification on Map Compliance: while simple maps can be summarized or have a robust text alternative, guidance for more complex maps has been vague and insufficient. This applies to property planning and site maps, including considerations like planning, zoning, abutting properties, flood zones, and more. For example, the City may produce or reference a map depicting underground pipes for discussions on new line additions and repairs. Complex maps are posted online as a PDF. Remediation of this map raises many questions: how would a citywide sewer pipe diagram or a complex site plan be described to comply with equal opportunity requirements? Would a site plan be exempt, since it’s not a service or activity but rather a schematic for a construction firm? If the map information to be communicated is complex, criteria for 1.1.1 non-text content is basic, would complex PDF map information summarized into a single short paragraph comply for equal opportunity? We understand that the current extension prolongs the difficulty for some users of government websites. However, for the employees performing the work to align digital content and services for the Final Rule, we strongly recommend against rushing this and instead consider an additional extension to ensure the work is done well, rather than merely meeting a deadline. If the Department of Justice were to offer free remediation tools or funding, the extra time and resources would allow this large-scale project to be completed thoroughly rather than being pulled offline or subject to litigation. Compliance should not be a choice between overworking employees, litigation, or the removal of digital content. We respectfully request that the Department of Justice review specific issues with this rule and work toward a collaborative framework that provides federal funding, standardized tools, and realistic expectations for entities with limited resources and technical staff. Sincerely, Mayor Jim Donchess Nashua, NH