With political changes and a White House-mandated freeze on civil rights enforcement, many state and local governments may question how this impacts their ADA Title II compliance obligations. A January 2025 court ruling in Louisiana shows that waiting for more explicit guidance is a risky strategy. In Ellerbee v. State of Louisiana, the judge ruled that digital accessibility obligations are enforceable under the ADA now, not just after future deadlines.
This ruling underscores that the legal risks of non-compliance persist despite shifting political priorities. The Louisiana case demonstrates that the obligation to provide accessible digital services remains in effect.
Let’s separate the facts from the uncertainties to make an informed decision.
Title II Requirements: What Hasn't Changed
Even before this new regulation, Title II of the ADA required state and local governments to provide equally effective communication for people with and without disabilities. This obligation remains unchanged, regardless of changes in enforcement priorities.
The new rule clarifies that meeting WCAG standards is the recommended way to comply with Title II's requirements for digital accessibility. However, the legal requirement to provide accessible online services has always existed—and still does.
Recent Legal Ruling in 2025 Reinforces Accessibility Obligations
While the compliance deadlines are still on the horizon, the legal obligation for digital accessibility under Title II is already enforceable. A recent court ruling in Louisiana illustrates this reality.
In January 2025, a federal judge in Louisiana ruled that the upcoming Title II compliance deadlines do not excuse state and local governments from their existing obligation to provide accessible digital services under the ADA and Section 504 of the Rehabilitation Act.
The case involved a blind resident, Beau Ellerbee, who sued Louisiana, alleging that several state websites, including those for the Louisiana Department of Health and the Department of Children and Family Services (DCFS), were inaccessible with his screen reader. Ellerbee argued that the state’s inaccessible websites violated the ADA and Section 504, which requires programs and services offered by public entities to be accessible to people with disabilities.
Louisiana argued for dismissal, citing the future compliance deadlines for Title II web and mobile standards. The state contended that since the deadlines had not yet arrived, they could not be held accountable for inaccessible websites.
However, the judge refused this argument, stating:
“The fact that the technical standards have yet to be enforceable does not prohibit Ellerbee from stating a claim for violation of Title II or the RA for failing to make a public entity’s ‘services, programs, or activities’ readily accessible… The technical standards are merely illustrative of whether a website complies with Title II or the RA’s accessibility requirement. They do not, however, dispose of ADA’s program accessibility requirements.” — Ellerbee vs. State of Louisiana, p. 17
This ruling clearly states that state and local governments must provide accessible digital services now, regardless of future deadlines. Waiting for the deadlines could result in legal challenges, as this case demonstrated.
This ruling demonstrates that waiting for compliance deadlines is a risky strategy. State and local governments must act now to avoid legal challenges and ensure equal access for all community members.
For more details on this case, you can read, U.S. District Court Decision - Ellerbee v. State of Louisiana.
For additional analysis and context, visit Web Accessibility Lawsuit Moves Forward Against the State of Louisiana – Law Office of Lainey Feingold.
Political Uncertainty: What We Know and Don't Know
Given the current political landscape, it's understandable to have questions about what might happen next. Here's what we know:
- Will the Administration Revoke the Rule? While this is possible, revoking a federal rule requires a lengthy process, including drafting a new rule, accepting public comments, and issuing a final rule. It's not a quick or easy change.
- Will the Rule Be Enforced? There's some uncertainty due to the freeze on civil rights enforcement. However, enforcement priorities can shift, and the underlying legal obligation remains.
- What's the Risk of Waiting? Even without active federal enforcement, organizations are still vulnerable to lawsuits or complaints from individuals or advocacy groups. Legal obligations under Title II are in place, regardless of political changes.
As the Louisiana case demonstrates, the legal risks are not hypothetical. State and local governments can face lawsuits under existing ADA requirements if their digital services are inaccessible, even before the compliance deadlines take effect.
These uncertainties can make it difficult to know precisely how to proceed, but delaying compliance could expose you to risks.
For a broader look at accessibility requirements across U.S. compliance laws, explore our U.S. Accessibility Compliance Guide.
Key Deadlines for ADA Title II Compliance
The Department of Justice has set the following compliance deadlines for state and local governments and public higher education institutions:
- Governments with populations over 50,000 and public universities in these jurisdictions: April 27, 2026
- Special district governments: April 24, 2026
- Governments with populations of 50,000 or less and public universities in these jurisdictions: April 26, 2027
Meeting these deadlines requires proactive planning and strategic implementation. Waiting until the last minute could increase risks and costs.
However, as demonstrated by the Louisiana case, organizations must comply with Title II requirements now, not just by these deadlines. The court ruling reinforces that the ADA’s obligation for digital accessibility is already in effect.
Read more in our blog, "What State and Local Governments Must Know"
Practical Steps for State and Local Governments
To avoid the legal risks, state and local governments should proactively address digital accessibility. Here are key steps to ensure compliance and minimize legal exposure:
1. Start with Accessibility Audits
Begin by assessing your digital properties, including websites, mobile apps, multimedia, and documents. Use a mix of automated tools and manual reviews by accessibility experts to identify and document any accessibility issues.
2. Prioritize High-Impact Areas
Focus on the most heavily used and public-facing services, like emergency information, tax services, and public education resources. Prioritizing these areas minimizes legal risks and maximizes community impact.
3. Collaborate with Vendors
If third-party vendors provide your digital content or services, ensure they understand and comply with Title II requirements. Clear communication and ongoing audits help maintain consistent accessibility standards.
Explore our blog on choosing a partner for Title II Digital Accessibility Compliance
4. Monitor and Maintain Accessibility
Accessibility isn't a one-time project; it's an ongoing commitment. Implement continuous monitoring and regular audits to ensure compliance even as technology evolves.
5. Document Compliance Efforts
Keep detailed records of all compliance activities, including audit reports, remediation plans, training sessions, and vendor communications. This documentation tracks progress and shows good-faith efforts to comply with ADA Title II requirements.
6. Staying Proactive Amid Uncertainty
While the political landscape may be in flux, the legal obligations under Title II of the ADA remain in place. Waiting for clearer enforcement guidance could expose your organization to legal risks, including lawsuits or complaints.
The Louisiana case shows legal risks are present even before the deadlines. Proactively addressing accessibility now can help avoid litigation and ensure compliance.
More importantly, digital accessibility ensures that all community members can access the services they need, regardless of their abilities. By taking proactive steps now, you're committing to inclusivity and equal access for everyone.
Get Started with Our Title II Compliance eBook.
Need help navigating ADA Title II compliance? Explore our Public Sector and Education Accessibility Solutions to learn how we support state and local governments.
For more, download our comprehensive eBook for detailed guidance and practical steps to ensure your digital services are fully accessible and compliant with the latest regulations.
