Advocating for Accessible Emergency Alerts

Disclaimer

The information presented in any of the Demand Our Access podcast episodes, on the Demand Our Access website, or otherwise shared in conjunction with or through association with the Demand Our Access project is expressly not individual legal advice. Applying the law depends on the circumstances and events that comprise every situation. Since legal advice is fact-specific, nothing about the Demand Our Access project can provide an individual, a group of individuals, or any organization legal advice.

Introduction

In this episode, we will be continuing our look at emergency preparedness. Specifically, we are going to look at how we can advocate for emergency alerts that are accessible to those of us with disabilities.

Questions and Comments

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The Next Episode

The next live episode of the Demand Our Access podcast will be on Saturday, April fourth at two Eastern. As of now, I don’t have a topic for that episode. If you have suggestions, let me know.

Advocating for Accessible Emergency Alerts Introduction to Advocating for Accessible Emergency Alerts

In continuing our look at the life-saving work of ensuring our state and local governments include those of us with disabilities in their emergency preparedness plans and operations, I thought I would demonstrate how we can advocate for accessible and inclusive emergency preparedness by working through a specific, narrow example. Since emergency alerts are the most important part of emergency preparedness because they warn us of pending emergencies, tell us what to expect, and tell us what we should do, it makes sense to focus this discussion on emergency alerts. If people find this episode helpful, I would be happy to continue this kind of work in future episodes. We could consider discussing advocating for accessible transportation during emergencies, sheltering, or something else.

In order to help us better advocate for accessible emergency alerts, I will first briefly describe the basics of accessible emergency alerts. I will then set forth a series of four questions for us to consider. If there is time, we will work through a scenario.

The Basics of Accessible Emergency Alerts

When a government issues warnings or updates about wildfires, flooding, earthquakes, hurricanes, or warnings of an active shooter (I hated including that one), they are all examples of governments issuing emergency alerts to the public. As you will see, the accessibility of emergency alerts are governed by requirements placed on government and broadcasters by the Department of Justice (DOJ) through its ability to define compliance with Title II of the ADA, and by the Federal Communications Commission (FCC) through its ability to regulate television and radio broadcasters.

The Structure of Emergency Alert Systems

The systems for providing emergency alerts are highly technical. In putting this episode together, I have only provided the information I believe we need to advocate for more accessible and inclusive emergency alerts. If you want to learn more about emergency alerts, I will link to sections of the Code of Federal Regulations when this episode is published to the Demand Our Access Website.

Wireless Emergency Alerts

Wireless Emergency Alerts (WEA) are the alerts that appear directly on compatible mobile phones with a distinctive tone and vibration pattern. Wireless Emergency Alerts are used to transmit presidential alerts, imminent threat alerts, Amber alerts, and public safety messages.

Wireless Emergency Alerts are regulated under 47 C.F.R. Part 10 by the Federal Communications Commission. WEA uses cell broadcast technology rather than traditional SMS messaging. That means one broadcast message is transmitted to all compatible devices within a defined geographic area. It does not depend on subscriber lists and does not require prior registration.

WEA messages are limited to 360 characters. Originally, the limit was 90 characters. The FCC expanded the limit after concluding that the shorter format reduced clarity and created confusion. The 360-character limit applies only to the WEA transmission itself. It does not govern websites, linked content, or private alert systems. The 360-character limit includes URLs and phone numbers people can call for additional information about the alert.

Emergency Alert System

The second major system is the Emergency Alert System (EAS). EAS interrupts television and radio programming. It is governed under 47 C.F.R. Part 11. When activated, it delivers an audio message and, on television, a visual crawl.

Integrated Public Alert and Warning System

Both WEA and EAS operate through a federal gateway known as the Integrated Public Alert and Warning System (IPAWS). IPAWS is administered by the Federal Emergency Management Agency (FEMA). Governments must register with FEMA, execute a formal Memorandum of Agreement, complete training, and use approved software before issuing alerts. Alerts are digitally authenticated before distribution. Emergency alerts are treated as secure infrastructure.

Broadcast Accessibility Requirements

Under 47 C.F.R. § 79.2, emergency information presented visually must also be conveyed aurally for individuals who are blind or have low vision. Conversely, emergency information presented aurally must be conveyed visually for individuals who are deaf or hard of hearing. Specifically, when emergency information is presented during a regularly scheduled newscast, or during a newscast that interrupts regular programming, that emergency information must be made accessible to people who are blind or low vision. Generally, emergency information that is not provided during a regularly scheduled newscast or as part of a newscast that interrupts regularly scheduled programming must be made accessible to people who are blind or low vision through use of the secondary audio programming channel. Emergency information that is presented through the audio portion of programming must be made accessible to people who are deaf or hard of hearing through the use of closed captioning.

When putting together this episode, I was shocked to discover this section of law. I have never watched a television newscast where the entirety of emergency information that was created to appear strictly as visual content was made accessible to me as a blind person.

The ADA Effective Communication

Under Title II of the ADA (Title II), covering state and local governments, government is required to ensure all communications are as effective for those of us with disabilities as they are effective for people without disabilities. This means that under Title II all emergency communications created by or on behalf of any state or local government must be accessible to those of us with disabilities.

Private Notification Platforms

Many state and local governments contract with private companies to use digital platforms that can call, email, or text emergency alerts to people who sign up for the service. These services are not covered by any character limits. These platforms usually allow governments to include links to websites, links to social media posts, and in some cases the ability to access video content. Since the communications going out through these third-parties are going out on behalf of state and local governments, the communications published through these platforms are covered by Title II. So, these communications must be as effective for those of us with disabilities as they are effective for those without disabilities.

Websites and Social Media

When a government sends out an emergency alert that includes a link to a government website or a social media post created by the government to provide the public with more information about an emergency, all of that digital content is covered by Title II. This is especially true in the aftermath of the Department of Justice’s rule on web and mobile accessibility under Title II.

Advocacy Questions

Don’t worry, this is not a pop quiz. Obviously, no one has to participate unless they feel like doing so.

1. How are emergency alerts supposed to be accessible to those of us with disabilities?

2. What entities have a role in ensuring emergency alerts are accessible to those of us with disabilities?

3. Given what we have learned, what are some of the things you would want to know about your government’s plans to ensure emergency alerts are accessible?

4. What are some of the steps you could take to have some of your questions answered?

Scenario

Your local government has contracted with a community organization, like Upstream Access, to hold a listening session with members of the disability community about emergency preparedness. For the purposes of this exercise, I will pretend I am the representative from the government. All of you are attending the listening session to find out how the government’s emergency alerts are made accessible to the disability community.