When Equal Access Gets Checked Out

Everyone Has A Right to Equal Access

Publishers may be crafting policies that brush up against the Americans with Disabilities Act (ADA), which prohibits public entities from excluding or discriminating against disabled individuals in their services, programs, or activities, through restrictive licensing agreements. Publishers may do so by imposing restrictions on their ebooks that prevent libraries from providing accessible books to disabled individuals.

The ADA was enacted in an attempt to restore the treatment of disabled people to that of non-disabled people by addressing historical marginalization and systemic inequalities. The ADA represents a significant legislative effort to dismantle barriers that have long prevented disabled individuals from enjoying the same rights and opportunities as their non-disabled counterparts. Libraries may desire to loan consistent with the ADA; however, some contractual terms imposed by publishers may seem to create conflicts with those obligations.

By prohibiting discrimination in various areas, including employment, public accommodations, and education, the ADA seeks to ensure that disabled individuals have equal access to resources and opportunities that are fundamental to full participation in society. The ADA is part of a broader movement toward achieving equal citizenship for all, echoing the principles established in landmark cases that reinforced the rights of marginalized people throughout American history.

How Publishers May Encroach on Disabled People’s Right to Equal Access

Overly restrictive licensing agreements imposed by publishers may limit libraries’ ability to easily provide accessible materials to individuals with disabilities. By enforcing contractual terms that prevent libraries from reproducing or distributing works in accessible formats, publishers may effectively create barriers to information access, which affects the fundamental rights that are supposed to be afforded to all patrons.

Remember Section 121?

Luckily, libraries can still turn to Section 121 to serve disabled patrons. Section 121 allows libraries to reproduce or to distribute copies of a previously published work in accessible formats exclusively for use by eligible persons. To achieve those abilities, libraries are free to digitize print works and digitally lend them to patrons with qualifying disabilities. And if publishers push back, it would serve to highlight their attempts to undermine libraries’ mission to provide equal access to all.