The New DOJ Rule: What State and Local Governments Must Know

On April 24, 2024, the Federal Register published the Department of Justice's (DOJ) final rule updating its regulations for Title II of the Americans with Disabilities Act (ADA). Let's dive into what this means and how you can prepare.

Understanding the New DOJ Rule

In the past, the DOJ has been reluctant to adopt any particular technical standard for digital accessibility. The DOJ would issue statements that said businesses have flexibility in approaching accessibility online.

The new rule goes against that. In the April 2024 rule on the accessibility of web content and mobile apps provided by state and local governments, the DOJ adopted WCAG 2.1 AA as the standard the government must meet for digital accessibility.

Why It Matters:

• Urgency: State and local governments and their third-party IT vendors now have clear guidelines and deadlines to meet.
  
  
• Broader Impact: This rule might signal future changes for organizations under ADA Title III.

What the New Rule Means

State and local governments must comply with WCAG 2.1 AA for digital properties. This rule impacts organizations like public schools, police departments, courts, election offices, and hospitals.

Additionally, vendors who provide web content, websites, or apps to governments are subject to the new Title II rules. 

Compliance Deadlines:

• Governments with over 50,000 people: April 27, 2026
• Special district governments: April 24, 2026
• Governments with 50,000 people or less: April 26, 2027

Why Private Companies Should Care

Even though the new rule targets government entities, private companies should take note. WCAG 2.1 AA is frequently used in lawsuits under ADA Title III, so aligning with these standards can help mitigate legal risks.

Essential WCAG 2.1 AA Criteria to Know

The full WCAG 2.1 AA conformance requirements are on the Web Accessibility Initiative website (W3C). We've highlighted examples of WCAG 2.1 criteria.

• Reflow (1.4.10): Ensures content can be zoomed to 400% without breaking.
• Text Adaptability (1.4.12): Ensures text can be resized and adapted.
• Touch Readiness (2.5.3): Makes controls usable on touch devices.
• Common Purpose Identification (1.3.5): Helps users by identifying and describing standard controls.
• Motion Actuation (2.5.4): Ensures features activated by device motion are accessible.

Strategies for Meeting the New Rule 

• Choose an experienced accessibility vendor to guide you- Choosing the Right Partner for ADA Title II Compliance

• Consider a managed service like UsableNet Assistive: Our team handles the remediation to ensure your site or app meets WCAG standards. Watch a video on our fully managed service, Assistive, to learn more.
  
  

Exceptions to the Rule 

Some exceptions to the rule apply. The ADA fact sheet explains where these exceptions apply and why. We encourage you to access the fact sheet to better understand the new ADA Title II rule and its impact on digital accessibility. 

For more details, read our ADA Title II Compliance: Frequently Asked Questions.

Looking toward the Future

The new rule brings ADA Title II into the present by ensuring that public governments do not discriminate against people with disabilities. Soon, people with disabilities will be ensured a seamless experience accessing government services online.