A new regulation under Title II of the Americans with Disabilities Act mandates that state and local governments ensure their websites and mobile applications are accessible to individuals with disabilities, promoting digital inclusivity. This regulation delineates responsibilities for governmental bodies and emphasizes the importance of accessibility as services increasingly migrate online. It sets specific compliance standards, such as adherence to WCAG 2.1, level AA, and provides flexibility for governments to implement superior standards, thereby enhancing equal access to vital public services.

1. Website And Mobile App Accessibility

2. Latest Regulation And Finale Rule On Web
Content And Mobile App Accessibility For
State And Local Governments
In a significant advancement for digital inclusivity, Attorney General Merrick B. Garland has enacted a
critical update under Title II of the Americans with Disabilities Act (ADA). This new regulation
compels state and local governments to ensure their websites and mobile app accessibility for
individuals with disabilities.
Considering the integral role of digital platforms in providing access to services such as emergency
responses, healthcare, voting, and public transit, the lack of accessibility could significantly prevent
disabled individuals from accessing necessary services.
This rule clarifies governmental bodies’ responsibilities and highlights the imperative for businesses
to adjust, even amidst evolving compliance landscapes.
ADA Site Compliance works to help companies comply with regulatory mandates. With a dedicated
team that monitors regulation updates, we ensure businesses confidently maintain websites that
meet current accessibility standards.
Statements from Justice Department Officials
● Attorney General Merrick B. Garland: Emphasized the rule’s role in fulfilling ADA’s promise for
equal participation. He stated that by establishing definitive digital accessibility standards
for state and local governments, they support the ADA’s mission of ensuring full and equal
participation for people with disabilities. He also commended the diligent efforts of the Civil
Rights Division in implementing this rule.
● Acting Associate Attorney General Benjamin C. Mizer highlighted the commitment to making
digital platforms usable for everyone to participate fully in society.
● Assistant Attorney General Kristen Clarke described the rule as groundbreaking, noting that it
removes barriers that have historically excluded Americans with disabilities, and ensures
equal access to essential online government services like voting and public benefits.

3. Importance of Web and Mobile App Accessibility
As state and local governments increasingly digitize their services, the accessibility of their web and
mobile platforms becomes crucial. Inaccessible websites and applications can exclude individuals
with disabilities from accessing vital services.
For example, visually impaired individuals often need screen readers to navigate websites and
applications. Governmental sites posting crucial public information in images without alternative
text (“alt text”), is inaccessible to blind users.
Such digital barriers can prevent disabled persons from performing essential activities such as
securing mail-in ballots, obtaining tax information, or engaging in community events.
The latest regulation aims to guarantee individuals with disabilities have full access to state and
local government online services, programs, and activities. This rule also clarifies steps governments
take to adhere to ADA standards, ensuring inclusivity and equal access for every community
member.
Title II of the Americans with Disabilities Act (ADA)
Title II of the ADA mandates that all services, programs, and activities provided by state and local
governments are accessible to individuals with disabilities.
This extensive requirement encompasses everything from adoption services to zoning regulations
and includes both online services and mobile applications managed by state and local authorities.
The rule ensures that individuals with disabilities can fully access and benefit from public services,
promoting a more inclusive society with an improved quality of life for disabled individuals
nationwide.
This includes:
● Making public transportation details accessible to visually impaired users, Enabling the deaf
or hard of hearing to participate in online educational courses,
● Aiding those with manual dexterity issues in navigating web-based services.

4. Overview of State and Local Government Functions:
State and local governments are essential providers of numerous public services, including:
● Offices administering social benefits like food assistance
● Educational facilities
● Law enforcement agencies at state and municipal levels.
● Judicial systems of local and state courts.
● Offices overseeing state and local electoral processes.
● Public medical facilities
● Community resources like parks, recreational facilities, and public transportation systems.
Accessibility standards under Title II apply to all entities within state and local governments,
including their various departments, agencies, special purpose districts, Amtrak, and commuter
authorities.
Furthermore, state and local governments contracting with third-party organizations, like non-profits
managing drug treatment programs, must ensure these entities adhere to Title II’s accessibility
standards.
What Constitutes a Rule or Regulation?
Rules or regulations are formal directives issued by a government agency, from laws enacted by
Congress. Following the enactment of the ADA, the Department was authorized to develop
regulations to articulate the responsibilities outlined in Title II and Title III of the ADA. Typically, these
regulations consist of the regulatory text and an appendix.
The Process of Developing a Rule
The Department formulated this rule through a method known as “notice and comment rulemaking.”
The process starts with declaring a Notice of Proposed Rulemaking (NPRM), serving the regulation’s
initial draft and proposed requirements, and inviting public feedback.
The Department modified the proposed rule based on the NPRM feedback. Detailed descriptions of
the public feedback and rule adjustments are in the rule’s appendix.

5. What are technical standards?
Technical standards are detailed criteria defining accessibility requirements. For instance, the ADA
Standards for Accessible Design include specifications like minimum width for doorways to ensure
physical accessibility in buildings and ADA-compliant websites.
Requirement for State and local government websites
This regulation covers all web content handled by state or local governments and must conform to
WCAG 2.1, Level AA, including content administered by external contractors.
Example: If a county’s website displays a list of local parks and operating hours, it must adhere to
WCAG 2.1, Level AA for accessibility, even if a third-party service provider developed and updated the
site.
Web content includes text, images, audio, videos, and documents on the internet.
Requirement for State and Local Government Mobile Apps:
Mobile apps used by state and local governments must conform to WCAG 2.1, Level AA standards. It
includes all mobile apps provided or accessible by state or local governments, and external parties.
Mobile apps are software applications specifically designed for use on smartphones and tablets.
Developed by the World Wide Web Consortium, WCAG standards make web content universally
accessible.
Example: Consider a mobile app developed by a city facilitating public parking payments. The app
must comply with the WCAG 2.1, Level AA accessibility standards, no matter if the city or a private
company manages it.

6. Going Beyond Standard Compliance with WCAG 2.1, Level AA
State and local governments have the leeway to adopt web content and mobile apps extending
beyond the minimum requirements of WCAG 2.1, Level AA.
This provision for “equivalent facilitation” allows using alternative designs, methods, or technologies,
if they offer accessibility and usability equal to or greater than mentioned by the standard.
This flexibility is intended to accommodate the adoption of future, potentially more stringent
standards while ensuring continued accessibility for individuals with disabilities.
Example: For instance, a state parks department might implement WCAG Version 3.0 for its new
mobile app for booking campsite reservations, if it offers better or equivalent accessibility compared
to WCAG 2.1, Level AA.
Specific Exceptions to the Rule Explained
There are various situations where there are exceptions to digital content conforming with the rule.
They include:
Archived Web Content:
This applies to outdated or unused content stored in archives, such as old reports or documents,
that remain unchanged since archiving. However city council minutes and documents created after
the compliance deadline must adhere to accessibility standards.
Even PDFs with up-to-date data on county park maps must conform, regardless of archival status.
Pre-existing Conventional Electronic Documents:
This applies to documents like PDFs or Word files on government digital platforms created before
the compliance date and not updated or essential for current use.
However, documents posted or updated after the established compliance deadline do not qualify for
exemptions. Active-use documents for accessing government services, irrespective of publication
date do not qualify either.

7. Third-Party Content:
Content posted by third parties without a contractual or official arrangement with the government,
which the government cannot modify is exempt. However, content directly posted or managed by the
government like calendars developed by external companies, updates made by a government vendor,
and message boards must meet WCAG 2.1, Level AA standards.
Individualized Documents:
Applies to personal documents like water bills and documents about specific individuals or accounts
available in a secure, password-protected format. They can be challenging for immediate
accessibility, especially for recipients without specific disability requirements.
Preexisting Social Media Posts:
This includes all social media posts made before the compliance date. However, if a visually
impaired person requests information about a social media image from 2023, the government must
provide an accessible description for effective communication.
Conclusion
The new regulation marks a significant step forward in ensuring that all individuals, regardless of
disability, have equal access to digital resources provided by state and local governments.
This move aligns with the ADA’s long-standing commitment to inclusivity and modernizes public
services to be more accessible, enhancing civic engagement and participation across the
community.
ADA Site Compliance works to help companies comply with regulatory mandates. With a dedicated
team that monitors regulation updates, we ensure businesses confidently maintain websites that
meet current accessibility standards. Get your FREE ACCESSIBILITY SCAN here!
https://adasitecompliance.com/web-content-mobile-app-accessibility-regulations/

8. ADA Site Compliance
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