On April 24, 2024, the Department of Justice (DOJ) published in the federal register a Final Rule establishing for the first time concrete technical requirements and standards for public agencies to ensure the accessibility of their web content and mobile apps for people with disabilities, as detailed below.

The Final Rule goes into effect on June 24, 2024 and applies to public agencies. Most small public agencies have until April 26, 2027, to comply with the Final Rule, while larger entities, such as counties, municipalities, and townships, have until April 24, 2026.

Given the number of comments the DOJ received in response to its proposed rulemaking and the growing trend of litigation involving the Americans with Disabilities Act (ADA) and websites, disability advocacy groups will likely be closely monitoring public agencies' compliance with the Final Rule.

Requirements

General Rule:

Public agencies must ensure that their web content and mobile apps are readily accessible and usable by individuals with disabilities. This requirement encompasses content provided directly by the agency or through contractual, licensing, or other arrangements.

Specific Technical Standard: WCAG 2.1

Web content and mobile apps must adhere to Level A and AA success criteria and conformance requirements outlined in Web Content Accessibility Guidelines (WCAG) 2.1. The Final Rule takes precedence over any discrepancies between WCAG 2.1 Level A and AA and the standards delineated in the Final Rule. WCAG 2.1 are available here.

Fundamental Alteration or Financial Burden:

If compliance with WCAG 2.1 would result in fundamental alterations to an agency's service, program, or activity or undue financial and administrative burdens, nonconformance to the standards may be excused, but agencies must adhere to the requirements to the extent that they do not result in such alterations or burdens.

Conforming Alternate Versions and Equivalent Accessibility:

In instances where technical or legal limitations prevent conformance to the technical standards, agencies may use conforming alternate versions of web content, as defined by WCAG 2.1, provided they result in substantially equal or greater accessibility and usability of web and mobile app content.

Non-Compliance Where There is Minimal Impact on Access:

Public agencies not in full compliance with the Final Rule may be deemed to have met the requirements if they demonstrate that non-compliance has minimal impact on access for individuals with disabilities, as outlined in the Final Rule.

Impact on State ADA Laws:

The Final Rule preempts State ADA laws to the extent that they provide less protection for the rights of individuals with disabilities. Public agencies should comply with State laws if they are providing greater protections.

Exceptions

The Final Rule includes several exceptions for certain types of archived and pre-existing content, as well as content posted by third parties and protected documents. However, public agencies may be required to provide accessible versions of this content upon request, consistent with their existing obligations under Title II of the ADA.

Additional Resources:

The DOJ has provided a Fact Sheet, which is available here and will provide further guidance for small agencies by publishing a Small Agency Compliance Guide.

This article is a brief summary of the Final Rule on Accessibility of Web Information and Services of State and Local Government Entities and is intended for informational purposes only. It does not constitute legal, compliance or other advice for any individual or entity.