For years, digital accessibility advocates and state and local governments have grappled with the lack of clear guidelines regarding web accessibility under the Americans with Disabilities Act (ADA). Thankfully, that’s about to change. On April 8, the U.S. Attorney General signed a new rule under ADA Title II, setting clear web accessibility standards for state and local governments. This means their services, programs, and activities must now be accessible to people with disabilities. In this post, we’ll walk you through these updates, explain their implications, and show you how to stay compliant.

What is ADA Title II?

The ADA is a landmark civil rights law passed in 1990. It prohibits discrimination against people with disabilities in all public areas. Title II specifically addresses the obligations of public entities, such as state and local governments, to provide equal access to their programs, services, and activities. This includes services, programs, and activities offered online and through mobile apps.

What Are the New Regulations Under Title II?

In a significant move towards inclusivity, the new regulations under ADA Title II require all U.S. state and local government websites and mobile apps to comply with the Web Content Accessibility Guidelines (WCAG) 2.1 AA. Created by the World Wide Web Consortium (W3C), these guidelines are the gold standard for making digital content accessible to individuals with disabilities.

Following these standards ensures everyone can access essential services like paying taxes, viewing public records, and participating in community events.

Who is Affected by This New Rule?

The new ADA Title II rule on accessibility casts a wide net, impacting various entities:

• State and Local Governments: All branches, departments, and agencies, such as city councils, health departments, police departments, and fire departments.
• Special Districts: Districts focused on specific public functions or services, like water distribution, public transportation, and park management.
• Contractors and Third Parties: Companies contracted by state or local governments to provide public services.

Content Created by Third-party Contractors and Software Vendors

To comply with the new rule, governments must ensure that all their websites and mobile apps are accessible, including any digital content from third-party vendors or agencies. The rule states that any online content a public entity shares with users must meet accessibility standards, regardless of whether it comes directly from a public entity or a third-party organization under contract.

For example, suppose a city hires a third-party app to handle parking payments. In that case, that app must meet the WCAG 2.1 AA accessibility guidelines.

When Will the New Rule Take Effect?

The final rule took effect in June 2024, 60 days after being published in the Federal Register. Public entities now have two to three years to ensure their websites and mobile apps meet WCAG 2.1 AA standards, depending on their size:

• Public entities with a population of 50,000 or more: Must comply within two years (by April 24, 2026).
• Public entities with a population of less than 50,000 and all special district governments: Have three years to comply (by April 24, 2027).

After these deadlines, state and local governments must maintain WCAG 2.1 Level AA standards for their digital content.

Why Were These Regulations Made Now?

Many state and local governments now offer most of their services, programs, and activities online and through mobile apps. This shift has increased the risk of people with disabilities facing barriers when trying to access essential services or participate in civic activities.

As a result, many organizations sought guidance from the federal government on what ADA compliance looks like for digital content. The Department of Justice‘s (DOJ) new rule provides that clarity by outlining specific technical standards for measuring compliance.

Associate Attorney General Vanita Gupta emphasized this commitment, saying: “We will use all our tools, including enforcement, to ensure people with disabilities have equal access to online services.”

How Will the DOJ Enforce Compliance with ADA Title II?

The new rule will use existing methods for enforcement, including:

• Self-evaluation and Reporting: Organizations need to regularly check their websites and mobile apps to ensure they meet ADA standards and report their findings to federal agencies.
• Technical Assistance and Guidance: The DOJ and other agencies provide resources to help organizations understand and follow the ADA Title II guidelines.
• Public Complaints: Anyone affected by barriers on state or local government websites can file a complaint directly with the DOJ.
• DOJ Audits and Reviews: The DOJ periodically audits public entities’ websites and mobile apps to find issues that haven’t been reported through complaints.

What Are the Penalties for Non-compliance?

Government entities that don’t follow the new regulations could face legal trouble, fines, and orders to fix their websites. If an entity fails to meet the standards on time, several things could happen:

• Mediation and Resolution: Usually, the first step is mediation to help the entity understand the issues and find ways to fix them.
• Penalties and Fines: In severe cases or if problems persist, penalties can be imposed to motivate quick action.
• Mandated Corrective Actions: Entities might have to make specific changes, like redesigning their websites or updating mobile apps.
• Legal Action: If an entity continues to ignore the rules, the DOJ may take legal action.

State and local governments must take these regulations seriously and prioritize accessibility.

How State and Local Governments Can Achieve Compliance

To comply with ADA Title II, state and local governments must follow WCAG 2.1 Level AA standards. If you’re a government leader or a business working with public entities, here are some steps to ensure compliance:

1. Conduct an Audit: Start with a thorough web accessibility audit to identify any barriers to user access.
2. Make a Plan: After identifying the barriers, create a plan to address them, focusing first on the most critical issues.
3. Use Clear Communication: Use simple and clear language. Provide alternatives like text transcripts for videos and audio content.
4. Integrate Assistive Technologies: Regularly test your websites or apps with tools like screen readers to ensure they support various accessibility features.
5. Train Your Staff: Educate your team on best practices for web accessibility to ensure future accessibility.
6. Set Up Monitoring: Establish ongoing digital accessibility policies and regularly update your platforms based on user feedback, especially from users with disabilities.
7. Partner with Experts: Seek support from accessibility experts to ensure you meet ADA requirements.
8. Stay Updated: Keep up with WCAG standards and make necessary updates to your websites and apps.

Could These Updates Impact Private Businesses Eventually?

The current update focuses on public sector entities under ADA Title II. However, it could serve as a model for changes to Title III, which covers public accommodations and commercial facilities. This might lead to stricter and uniform accessibility standards in the private sector, affecting businesses and nonprofits interacting with the public.

Since the mid-1990s, the DOJ has included company websites, e-commerce platforms, and other digital experiences in defining public accommodations. Many U.S. courts have supported this view, ruling in favor of individuals who claim a company’s website is not accessible to people with disabilities.

However, any proposed rule changes will likely depend on various factors, including the outcome of the next federal election.

216digital is Here to Help

The new ADA Title II regulations are a significant step toward making digital spaces accessible for everyone, ensuring that state and local governments provide equal access to their services online. But navigating these changes can be challenging. That’s where 216digital comes in!

As leading experts in web accessibility, 216digital has the tools, knowledge, and experience to make your online space both compliant and welcoming for all. Our team will work with you to create a strategy that integrates WCAG 2.1 compliance into your development roadmap on your terms. Let us help you make your website compliant and welcoming for all users so you can focus on what you do best—serving your community!

Don’t wait. Schedule a complimentary ADA strategy briefing today to ensure your digital presence is accessible to everyone.