The Department of Justice (“DOJ”) recently implemented a rule requiring all state and local government entities to meet technical website and mobile application accessibility standards to ensure that all content is accessible by individuals with disabilities. As website accessibility lawsuits continue to proliferate against private businesses, it is important that state and local governments understand their responsibilities under the Americans with Disabilities Act of 1990 (the “ADA”) and ensure equal access to website content by the DOJ’s upcoming compliance deadlines.
Title II of the ADA – Applicable to State and Local Governments
The ADA is a comprehensive civil rights law prohibiting discrimination against qualified individuals with disabilities. Broken down into five “Titles,” the ADA safeguards the rights of individuals with disabilities in employment (Title I); access to state and local government services (Title II); places of public accommodation (Title III); telecommunications (Title VI); and miscellaneous (Title V).
Title II prohibits disability discrimination by state and local government entities in all their services, programs, and activities. Public entities must provide equal access, make reasonable modifications to policies and procedures, ensure effective communication and physical accessibility, and refrain from denying benefits, providing unequal services, or using eligibility criteria that screen out individuals with disabilities. The DOJ is responsible for enforcing Title II.
Website Compliance Under Title II – the Web Content Accessibility Guidelines and DOJ First Steps Rule for State and Local Governments
On April 24, 2024, the DOJ Civil Rights Division published a final rule revising the regulation implementing Title II of the ADA to establish technical requirements for state and local governments to ensure their websites and mobile applications are accessible to individuals with disabilities. The final rule requires compliance with the Web Content Accessibility Guidelines (“WCAG”) 2.1 Level AA for all web content and mobile applications provided or made available by public entities, with certain enumerated exceptions, such as archived content and pre-existing social media posts. To further assist in complying with the rule, the DOJ published a resource on January 8, 2025 entitled “State and Local Governments: First Steps Toward Complying with the Americans with Disabilities Act Title II Web and Mobile Application Accessibility Rule” (the “DOJ First Steps”) which lays out eleven action steps to help state and local governments in organizing compliance strategies. The deadline for compliance is generally population based:
- State or local governments with a population of 50,000 or more: April 24, 2026
- State or local governments with a population of 0 to 49,999: April 26, 2027
- Special district governments (e.g., utility district, transit authority, water and sewer board, zoning district): April 26, 2027
Governmental entities are encouraged to review the WCAG standards and DOJ First Steps guidance with legal counsel and address any compliance issues identified.
Dentons has defended thousands of clients in connection with website accessibility claims. Dentons regularly advises clients regarding compliance and claim deterrent strategies, and can review websites for litigation risks, including ADA compliance.
