Americans with Disabilities Act (ADA) Title II

• July 26, 1990 – ADA signed into law.
• January 26, 1992 – Title II becomes enforceable.
• September 15, 2010 – DOJ adopts the 2010 ADA Standards for Accessible Design.
• April 24, 2024 – DOJ publishes the final rule on web and mobile accessibility.
• June 24, 2024 – Rule takes effect.
• April 24, 2026 – Compliance deadline for state and local governments serving 50,000 or more people.
• April 26, 2027 – Compliance deadline for smaller entities and special district governments.

• All state and local governments, including cities, counties, towns, and states.
• Public schools, universities, libraries, transit authorities, and agencies.
• Third-party contractors providing websites or mobile apps on behalf of public entities.

Title II of the ADA does not exempt categories of public entities. All state and local governments, and the services and programs they provide, are covered. However, public entities are not required to take actions that would result in a fundamental alteration of a program or impose undue financial or administrative burdens. In such cases, they must still take other reasonable steps to provide access.

The 2024 web and mobile accessibility rule introduces content-specific exceptions for digital material:

• Archived web content created before compliance dates.
• Pre-existing documents (e.g., PDFs, Word, Excel) posted before compliance deadlines, unless still actively used.
• Content posted by third parties not controlled by the government.
• Individualized, password-protected documents (e.g., utility bills).
• Social media posts made before compliance dates.

These exceptions apply only to certain types of digital content. They do not remove Title II obligations from the entity itself.

Under Title II, public entities must:

• Ensure effective communication for individuals with disabilities across all services.
• Provide reasonable modifications where needed to avoid discrimination.
• Adopt WCAG 2.1 Level AA as the baseline standard for all new and existing web content and mobile apps.
• Apply requirements to both content they create and content provided by contractors.

Public entity website and app managers must follow WCAG 2.1 Level AA success criteria when developing or maintaining digital services. This includes:

• Providing text alternatives (alt text) for images and graphics.
• Offering captions and transcripts for audio and video content.
• Maintaining sufficient color contrast between text and background.
• Enabling keyboard navigation for all site functions.
• Using clear labels and error identification in online forms.
• Ensuring all interactive elements are compatible with assistive technologies like screen readers.

• Alternate accessible versions of content may only be used when direct accessibility is not technically possible.
• Governments may prioritize core services but must eventually make all covered content accessible.
• Minor deviations from WCAG that do not impact real access may not be treated as violations, but substantial barriers are not excused.

Individuals with disabilities are entitled to:

• Equal participation in government programs, services, and activities.
• Independent, private, and timely use of web and mobile content.
• Request accessible versions of archived or exempt content.
• File complaints with the DOJ if denied digital access under Title II.

• Regulatory authority: U.S. Department of Justice (DOJ).
• DOJ enforces Title II through investigations, compliance reviews, and settlement agreements.
• Individuals may file complaints with the DOJ or bring lawsuits in federal court.
• Courts may order remedies such as:
  • Changes to policies and practices
  • Implementation of accessibility measures (including digital retrofitting)
  • Monetary damages to individuals harmed by discrimination
• Unlike Title III, Title II does not set specific civil penalty amounts.