Is Your Website ADA Compliant?

by Shawn P. Flaherty

Recent regulations issued by the United States Department of Justice (“DOJ”) have formally established new accessibility requirements for public entities—including municipalities and fire protection districts—that maintain public-facing websites and mobile applications. The rule, titled Nondiscrimination on the Basis of Disability; Accessibility of Web Information and Services of State and Local Governmental Entities, was published at 89 Fed. Reg. 31320 and is codified at 28 C.F.R. Part 35.

These amendments are intended to ensure that state and local governmental entities provide meaningful access to their programs and services as required under Title II of the Americans with Disabilities Act (“ADA”). The DOJ emphasized that accessible digital content is especially critical for public safety entities, which rely heavily on their websites and social media platforms to communicate time-sensitive information regarding hazards, emergencies, and community services.

In its Executive Summary accompanying the final rule, the DOJ explained that individuals with disabilities must be able to access web-based content and mobile applications “quickly, easily, independently, privately, and equally.” Accessible digital platforms allow individuals with disabilities to engage more fully with their government and to exercise fundamental constitutional rights, including rights related to speech, assembly, voting, and due process. 28 C.F.R. Part 35.

Under the final rule, all covered public entities must ensure that their web content and mobile applications conform to the Web Content Accessibility Guidelines (“WCAG”), Version 2.1, Level AA.

The rule establishes compliance deadlines based on population served and entity type. Public entities serving 50,000 or more persons must comply no later than April 26, 2027. Public entities serving 0 to 49,999 persons must comply by April 26, 2028. Special district governments must also comply by April 26, 2028. The regulation does not provide for deadline extensions, making early planning critical.

WCAG 2.1 is widely recognized as the prevailing industry standard for web accessibility and is designed to accommodate individuals with a range of disabilities, including visual, auditory, physical, speech, and cognitive impairments. The WCAG standards are organized around four core principles.

First, information and user interface components must be perceivable to users. Second, interface components and navigation must be operable, including through keyboard access or alternative input methods. Third, content and operation of the interface must be understandable, meaning that text should be readable and functionality predictable. Finally, content must be robust enough to be reliably interpreted by a wide variety of user agents, including assistive technologies.

Importantly, these requirements apply regardless of whether a public entity hosts or manages its website directly or relies on a third-party vendor. The rule is technology-neutral and broadly covers public websites, documents and media linked on those sites, mobile applications, and even social media content maintained by a public entity.

For many public entities, compliance will require substantive changes to existing website design, posted documents, and media content. Entities that manage their own websites must assess whether they have the technical ability and staffing resources to bring their content into compliance or whether outside assistance will be necessary. Likewise, public entities that rely on third-party website vendors or designers should ensure that those vendors are aware of the new requirements, understand the applicable deadlines, and are actively working toward compliance.

The DOJ has recognized limited exceptions. Archived web content created before the compliance date and retained solely for reference, research, or recordkeeping—so long as it has not been modified—does not need to be retrofitted to meet WCAG 2.1 Level AA standards. 28 C.F.R. § 35.201(a). Additional exemptions apply to certain preexisting social media posts, third-party content, and electronic documents posted before the compliance deadline. These exceptions, however, are likely to be construed narrowly, and public entities may still be required to provide accessible versions of such content to individuals with disabilities upon request.

Public entities should begin taking concrete steps toward compliance as soon as practicable. That process should include partnering with their information technology and web design experts to audit the entity’s website, social media presence, and digital documents, and to recommend necessary modifications. Certain public bodies may even wish to retain a qualified vendor to render an expert report. Installing policies governing website and social media accessibility may also be appropriate. In addition, videos posted on public websites should include closed captioning and other accessibility features to ensure equal access for individuals with hearing or visual impairments.

Achieving compliance will reduce legal risk and expand access to key information and services for members of the community who may otherwise be excluded. Ensuring digital accessibility is both a legal obligation and a practical step toward more inclusive and effective public service.