Final rule under Title II of the Americans with Disabilities Act (ADA) to ensure the accessibility of web content and mobile applications (apps) for people with disabilities

Summary

April 8, 2024 – Attorney General Merrick B. Garland signed a final rule under Title II of the Americans with Disabilities Act (ADA) to ensure the accessibility of web content and mobile applications (apps) for people with disabilities. This final rule clarifies the obligations of state and local governments to make their websites and mobile applications accessible. This ensures equal access to online government services, including emergency information, courts, healthcare, schools, voting, and more. The rule specifies the Web Content Accessibility Guidelines (WCAG) 2.1, Levels A and AA, as the technical standard for accessibility.

• Nondiscrimination on the Basis of Disability; Accessibility of Web Information and Services of State and Local Government Entities – A Rule by the Justice Department on 04/24/2024, Federal Register
• Attorney General Merrick B. Garland’s Statement on the Final Rule
• Advance Copy of Rule: This link leads to an advance copy of a rule approved by the Attorney General
• Title II Fact Sheet
• A Small Entity Compliance Guide for Title II Web and Mobile App Rule- Department of Justice
• Justice Department’s Final Rule to Improve Web and Mobile App Access for People with Disabilities- Department of Justice
• New Rule on the Accessibility of Medical Diagnostic Equipment Used by State and Local Governments
• State and Local Governments: First Steps Toward Complying with the Americans with Disabilities Act Title II Web and Mobile Application Accessibility Rule

Effective Date

June 24, 2024

Resources

• FAQ: Nondiscrimination on the Basis of Disability Accessibility of Web Information and Services of State and Local Government Entities- IDEAL Group (PDF)
• Justice Department Issues Historic ‘Final Rule’ On Better Web Accessibility For Everyone- Forbes
• U.S. Department of Justice Accessibility Rule Announcement for State and Local Governments- Thomas Logan
• Understanding ADA Title II: Enforcing Civil Rights in Public Services – Know The ADA

Industry Response

• Ken Nakata – DOJ Issues Final Title II Web Accessibility Rule
• Lainey Feingold – Deja Vu All Over Again? DOJ’s Current Efforts to Adopt Web Accessibility Regulations for State and Local Governments
• Seyfarth Shaw – DOJ Issues Final Rule Under Title II of the ADA for State and Local Government Websites
• StateScoop – DOJ issues final web and app accessibility rules for state, local governments
• ABA Banking Journal – DOJ issues final rule on digital accessibility for state, local governments
• Government Technology – DOJ Mandates Accessibility on State, Local Gov Websites
• HuffPost – Department Of Justice To Strengthen Website Access For Disabled People
• States Can Make Digital Accessibility Easier For Municipalities- Ken Nakata
• DOJ Releases Final Rule on Web Content Accessibility Requirements for State and Local Governments Under Title II of the ADA- Troutman Pepper
• United States DOJ Releases New Rule Mandating Digital Accessibility For State And Local Governments- Lewis Brisbois Bisgaard & Smith
• DOJ Publishes Regulation Requiring Local Agencies to Make Websites and Mobile Apps Accessible to Persons With Disabilities- Burke Public Law Update
• DOJ’s Nondiscrimination on the Basis of Disability; Accessibility of Web Information and Services of State and Local Government Final Rule- William Goren
• DOJ Final Rule on Website Accessibility for State and Local Governments Portends Significant Changes for Private-Sector Websites- Ogletree, Deakins, Nash, Smoak & Stewart
• FAQ: Nondiscrimination on the Basis of Disability Accessibility of Web Information and Services of State and Local Government Entities- IDEAL Group
• States Can Make Digital Accessibility Easier For Municipalities (Part 3)- Ken Nakata
• GAAD 2024 – A3: ADA Title II and you – Keith Hays and Khaled Musa
• The DOJ Provides Practical Guidance on How to Implement a Digital Accessibility Program- Seyfarth Shaw