The U.S. Department of Justice (DOJ) announced a final rule that establishes specific requirements for making websites and mobile apps offered by state and local governments accessible to people with disabilities.
The action marks the first time the DOJ has adopted formal accessibility standards that address online platforms.
Title II of the Americans with Disabilities Act (ADA) applies to all state and local governments and government services, programs, and activities including, among other things, public schools, public transportation, health and social services, courts, election departments and emergency services as well as where people go to renew licenses, apply for food stamps, pay taxes, attend town meetings, serve on boards and commissions and conduct other government business.
The rule, designed to ensure all digital services are ADA compliant, clarifies the obligations of state and local governments to make their websites and mobile apps “readily accessible to and usable by individuals with disabilities,” including via the use of accessible text, images, sounds, videos, controls, animations and electronic documents.
It closes gaps in the ADA, which set standards for physical sites but contained little direction for the accessibility of digital content, and outlines specific requirements, including the adoption of technical standards, for making services, programs and activities offered by state and local governments accessible to the public through the web and mobile apps. Those technical standards, the DOJ said, mimic those outlined in the Web Content Accessibility Guidelines (WCAG) 2.1 AA, an internationally recognized accessibility standard for web access, to which the department has directed governments and businesses in the past in lieu of its own established guidance.
Although enforcement will not begin until 2026 at the earliest, government officials should begin taking steps to ensure that their digital presence complies with the new regulations.
Long-sought guidance
“This final rule marks the Justice Department’s latest effort to ensure that no person is denied access to government services, programs, or activities because of a disability,” said Attorney General Merrick Garland. “By issuing clear and consistent accessibility standards for state and local governments’ digital content, this rule advances the ADA’s promise of equal participation in society for people with disabilities.”
The rule, the DOJ said, provides much-needed guidance for addressing a variety of barriers, such as helping individuals who are blind or with low vision access information about public transportation on a city’s mobile app or website, enabling people who are deaf or hard of hearing to view streams of municipal meetings and allowing individuals with mobility issues to use a mouse to access web information about voter registration.
“Ensuring that people with disabilities can access web content and mobile apps and fully participate in public programs and services will improve the day-to-day lives of individuals with disabilities in communities throughout the country,” the DOJ said in its statement.
What are the technical requirements?
WCAG 2.1 AA, standards outline a few requirements for captioned and audio described web content that governments and government agencies will need to plan for. These include:
- Captions (pre-recorded): Captions are provided for all pre-recorded audio and video content.
- Audio Only (pre-recorded audio): Requires a text alternative (transcript) for audio-only content.
- Captions (live): Captions are provided for all live audio content in synchronized media.
- Audio description (pre-recorded): Audio description is provided for all pre-recorded video content in synchronized media.
Enforcement of the new rule will begin in 2026 or 2027, depending on population size. The rule will go into effect April 26, 2026, for public entities with populations of 50,000 or more and April 26, 2027, for special district government and localities with a population of fewer than 50,000.
Exceptions to the rule
There are a few pieces of web and mobile content outlined in the final rule that are exempt from the new regulations. These include:
- Archived web content
- Pre-existing electronic documents, unless those documents are currently used to apply for, gain access to or participate in government services, programs or activities
- Content posted by a third-party, unless the posting is the result of contractual, licensing or other arrangement with the government agency
- Secure, password-protected electronic documents that pertain to a specific individual, their property, or their account
- Pre-existing social media posts
These exceptions, however, do not supersede a government entity’s responsibility to provide individuals with disabilities effective communication, reasonable modifications and equal opportunities to participate in or benefit from their services, programs and activities. For example, archived council meeting minutes from 2013 might be noted as an exception under the new rule but if a person with low vision requests an accessible version of the meeting document, the municipality would need to address that request under its existing effective communication obligations.
Advocates welcome the decision
The announcement was applauded by the American Council of the Blind, the American Foundation for the Blind, the National Disability Rights Network and the National Federation of the Blind (NFB).
“State and local governments use websites and mobile applications to deliver timely information and services across the full spectrum of their operations,” the groups said in a joint statement. “Given the widespread use of websites and mobile apps, this rule will improve access to public education, voting, benefits delivery, healthcare, employment training, public utilities, transit services, business licensing and so much more.
“This rule is the product of more than 14 years of advocacy and rulemaking to address these entities’ obligations under the Americans with Disabilities Act. In light of the growing importance of accessing government programs and services online, we look forward to the significant positive impact this rule will have on the lives of millions of people with disabilities.”
Work with government access experts
The DOJ’s final rule marks a significant step toward ensuring that all individuals, regardless of ability, can fully participate in and benefit from the services provided by state and local governments. By mandating the accessibility of websites and mobile apps through clear and consistent guidelines, this rule addresses long-standing gaps in digital access for people with disabilities.
Verbit provides accessible solutions for audio and video content for municipal and county governments and federal agencies through our expert teams and purpose-built captioning, transcription and audio description solutions. We offer ADA and Section 508 compliance solutions via our fast, cost-effective and accurate services and are actively involved in accessibility legislation, always seeking ways to help clients, consumers and the community stay current with − and benefit from − the latest regulations.
Connect with us to learn more about how Verbit can help you become more accessible and take proactive steps in aligning your digital platforms and service with the new DOJ standards.