New ADA Web Access Standards

Date Posted: Monday, July 22, 2024
Posted In: Legal Notes

In April, the U.S. Department of Justice (DOJ) issued a final rule under Title II of the Americans with Disabilities Act (ADA) addressing web and mobile application accessibility for people with disabilities. The rule adopts a specific technical standard that state and local governments will need to follow when providing or making available web content and mobile apps. The standard is based on the Web Content Accessibility Guidelines (Version 2.1, Level AA), an international standard developed by the World Wide Web Consortium.

State and local government web and mobile app content will need to meet the standards in the rule beginning April 24, 2026 (for those with populations of 50,000 or more) or April 26, 2027 (for those with populations under 50,000). Limited exceptions apply for content that is infrequently used or that may be particularly hard for governments to address right away.

In the meantime, municipalities continue to be governed by their general duty under Title II of the ADA to provide people with disabilities effective communication, reasonable modifications, and equal access to their services, programs, and activities.

The DOJ has issued a Compliance Guide (“Accessibility of Web Content and Mobile Apps Provided by State and Local Government Entities: A Small Entity Compliance Guide”) and a Fact Sheet (“New Rule on the Accessibility of Web Content and Mobile Apps Provided by State and Local Governments”) to help small governments understand the new requirements. To access these resources, visit www.ada.gov/resources and scroll down to locate the documents. The DOJ also maintains a toll-free ADA information line at 1-800-514-0301 (voice) or 1-833-610-1264 (TTY).

For more information on the ADA, also visit MMA Legal Services’ Information Packets on the “ADA Title II” and “ADA Title I - Employment” in the “Legal” section of MMA’s website (www.memun.org/legal) (By S.F.P.)