ADA Updates 101

In April 2024, the US Department of Justice published a final rule updating the Americans with Disabilities Act Title II. The final rule specifically requires web content and mobile applications to be accessible to people with disabilities.

What is the Americans with Disabilities Act?

The Americans with Disabilities Act of 1990 (ADA) expands Civil Rights law to include people with disabilities. Title II of the ADA specifically requires US states and local governments to ensure that all services, programs, and activities are accessible to people with disabilities.

While initially pertaining to physical space, courts have determined that the ADA also applies to websites and electronic, virtual spaces. The ADA law has been in place since the dawn of municipal websites. The final ruling establishes a deadline for the federal government to begin active enforcement of the standing law.

When must we comply?

The final ruling establishes a timeline for compliance based on community size.

Municipalities with a population higher than 50,000 must be compliant by April 24, 2026.

Populations under 50,000 persons must be compliant by April 26, 2027.

Special Districts, such as water, wastewater, and fire protection, are treated like small municipalities and share the April 26, 2027 deadline.

How is accessibility measured?

The final ruling refers to an international standard of web accessibility called Web Content Accessibility Guidelines, or WCAG.

WCAG is a set of guidelines that outline what is needed to ensure web accessibility, such as requirements for captions for videos.

WCAG was developed by the World Wide Web Consortium, an international public-interest non-profit where Member organizations, a full-time staff, and the public collaborate to develop Web standards. They often debate standards for years before publishing them.

WCAG 2.1 AA is the standard specifically referred to as the standard of the final ruling.

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