In April 2024, the Department of Justice (DOJ) released a crucial update to Title II of the Americans with Disabilities Act (ADA). For the first time, we have clear rules outlining how state and local government websites and mobile apps must work for people with disabilities. If your agency runs a website, mobile app, online portal, or digital form, this applies to you.
The DOJ now requires state and local government websites and apps to meet a widely accepted digital accessibility standard, WCAG 2.1 AA. These rules help ensure your site works with screen readers, offers proper color contrast, includes captions, and supports keyboard-only navigation.
Most entities, including public schools, hospitals, libraries, and courts, must comply by 2026. Smaller entities serving fewer than 50,000 people have until 2027. There are some exceptions for archived content and third-party material, but if you create or control it, you’re responsible for making it accessible.
Until now, digital accessibility has lived in a legal gray area, despite the DOJ stating on multiple occasions that the spirit of the ADA calls for inclusion in all spaces. In fact, their guidance on digital accessibility dates as far back as 1996.
The ADA, passed in 1990, did not mention the internet because it wasn’t yet widely recognized. Physical barriers, like stairs without ramps, were clearly defined. But digital barriers? Not so much.
That gap led to confusion and inconsistent court rulings. Some judges ruled that the ADA covers websites, considering them public spaces. Others disagreed. A few judges even said the ADA only applies if the website is tied to a physical location. So while people were being sued over inaccessible websites, it wasn’t always clear whether they needed to comply.
Three thoughts: COVID, court cases, and clarity.
During the pandemic, online services became essential, especially in healthcare, education, and public services. At the same time, lawsuits over inaccessible websites surged, reaching their peak in 2022.
We believe these are the reasons the DOJ finally stepped in with rules that remove the guesswork.
Not everyone accesses digital content the same way. People with visual disabilities might use screen readers or magnifiers to surf the web. People with motor or cognitive disabilities may need voice commands, simplified layouts, or keyboard navigation.
Unlike physical buildings, digital spaces are constantly evolving. You wouldn’t build a public library without a ramp, so why launch a new component of your website without alt text or a logical reading order? This Title II update provides clarity on how to achieve that.
These are a few digital accessibility barriers that regularly show up in the wild:
These aren’t just annoyances, they’re barriers. And thanks to the DOJ, they’re compliance issues now, too.
You don’t need to panic, but you do need a plan. The DOJ offers resources, and WCAG has been around for years. The hardest part might be just getting started.
If you find yourself stuck, here are a few of the basics to help you get started:
Whether you’re part of a school district, public health department, or city hall, digital accessibility is no longer a “nice-to-have.” It’s a legal requirement and a human right.
If you’re not sure where to begin, reach out to an accessibility expert or check out the DOJ’s official guidance. Your community will thank you.
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