The Department of Justice issued a new ruling recently related to digital accessibility for public entities under the Americans with Disabilities Act Title II. Find out who and what it applies to, the deadlines for compliance, and what this may mean for Title II entities in the future..
In April 2024, the Department of Justice published a final rule in the Federal Register. It relates to Title II of the Americans with Disabilities Act (ADA) and clarifies what state, local and other governments need to do to make their websites, mobile apps and documents accessible. The rule goes into effect June 24, 2024.
Download the PDF of the entire rule (4 MB).
Who/What the Americans with Disabilities Act Title II Applies To
The rule applies to state and local governments, including their services, programs and activities, such as:
- Public schools,
- Public transportation,
- Public libraries,
- Recreation,
- Health care,
- Social services,
- Courts,
- Voting,
- Emergency services,
- License renewals,
- Food stamps,
- Tax payments,
- Town meetings and boards.
It also applies to content created by third parties on their behalf.
Deadlines for ADA Title II Compliance
Public entities will be required to bring their websites and mobile apps into conformance with WCAG 2.1 AA by certain dates. The deadline for these entities varies based on population.
Public entities with a population of less than 50,000 and all special district governments have a deadline of April 26, 2027. Public entities with a population of more than 50,000 have a deadline of April 24, 2026.
Exceptions to the ADA Title II Ruling
In this rule, the DOJ specified five exceptions:
- archived web content;
- pre-existing conventional electronic documents, unless such documents are currently used to apply for, gain access to, or participate in the public entity’s services, programs, or activities;
- content posted by a third party, unless the third party is posting due to contractual, licensing, or other arrangements with the public entity;
- conventional electronic documents that are about a specific individual, their property, or their account and that are password-protected or otherwise secured;
- pre-existing social media posts.
Expectations
Many lawyers speculate that the DOJ will apply these same requirements to Title III of the ADA, which affects places of public accommodation.
Contact us today to get help making your website and documents accessible.