State and local governments are delivering more services online than ever—and with that shift comes a renewed responsibility to ensure digital access for everyone. To support this change, the United States Department of Justice (DOJ) has issued a final rule that sets clear, enforceable standards for web and mobile accessibility under Title II of the Americans with Disabilities Act (ADA).
This blog breaks down what the rule requires, who it affects, and how organizations can get ready.
Who Must Comply With the New Rule?
The rule applies broadly to all state and local government entities, plus any organizations providing digital services on their behalf.
Covered entities include:
- State agencies
- Cities, counties, and municipalities
- Townships and independent school districts
- Special district governments
- Vendors or contractors offering public-facing digital services (e.g., payment portals, scheduling tools)
Compliance deadlines
- April 24, 2026 — Entities serving 50,000+ residents
- April 26, 2027 — Entities serving under 50,000 residents and special districts
These deadlines mark when digital content must meet accessibility standards.
What the Rule Requires
In short: Websites and mobile apps must be accessible to people with disabilities.
Core Standard: WCAG 2.1 Level AA
The DOJ adopts the Web Content Accessibility Guidelines (WCAG) 2.1 AA as the baseline. These guidelines ensure access for individuals with:
- Low vision or blindness
- Hearing disabilities
- Cognitive or learning disabilities
- Mobility or dexterity impairments
Examples of required accessibility features
- Text alternatives for images and icons
- Captions and audio descriptions for video
- Sufficient color contrast
- Keyboard-friendly navigation
- Clear heading structure
- Responsive layouts and resizable text
- Controls that do not rely on device motion
Mobile app requirements
Apps must also meet WCAG 2.1 AA, including:
- Ability to operate without shaking/tilting the device
- Support for landscape or portrait orientation
- Touch targets large enough to tap easily
Content That’s Exempt (With Limits)
Some materials do not need to be remediated—unless they are currently used for active services.
Common exceptions include:
- Archived content created before compliance dates
- Old PDFs, Word files, and slide decks not used for transactions or applications
- Third-party content posted independently (not under contract)
- Password-protected personal documents like account statements
- Older social media posts
Even where exceptions apply, organizations must provide accessible alternatives on request.
How Organizations Can Prepare
Achieving compliance is an ongoing process. The DOJ outlines several steps for readiness:
1. Conduct Accessibility Audits
- Review websites, apps, and digital documents
- Prioritize high-impact public services
- Evaluate against WCAG 2.1 AA
2. Build Accessibility Governance
- Adopt a digital accessibility policy
- Add accessibility requirements to procurement
- Require vendors to meet WCAG 2.1 AA
3. Remediate and Continuously Monitor
- Use both automated and manual testing
- Include assistive-technology users when possible
- Regularly monitor new website and app updates
4. Train Your Teams
- Train content authors, developers, designers, and leadership
- Create an internal help desk or accessibility escalation path
For questions, please reach out to a member of Ice Miller’s Data Security & Privacy team.
This publication is intended for general information purposes only and does not and is not intended to constitute legal advice. The reader should consult with legal counsel to determine how laws or decisions discussed herein apply to the reader’s specific circumstances.