In April 2024, the Department of Justice (DOJ) issued a groundbreaking rule requiring state and local governments to make their websites and mobile apps accessible to people with disabilities. This rule, designed to align with the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA, represents a significant step forward in creating an inclusive digital space. Here’s what you need to know about the new rule and how it impacts local governments.
Understanding the DOJ Rule
On April 24, 2024, the DOJ’s Civil Rights Division issued a final rule revising Title II of the Americans with Disabilities Act (ADA). The rule requires state and local governments to ensure their websites and mobile applications are accessible to people with disabilities. The agency is adopting the technical standards of WCAG 2.1 Level AA, which sets 50 success criteria for website accessibility. This includes converting images and documents so they can be read with assistive technology for individuals with vision loss, and providing captions for live and prerecorded videos for individuals with hearing loss.
Key Requirements of the Rule
- WCAG 2.1 Level AA Compliance: The rule establishes this technical standard for accessibility. This includes features like alternative text for images, keyboard navigation, and proper color contrast.
- Applies to Web Content and Mobile Apps: Any content a state or local government provides—whether directly or through a third party—must meet these standards.
- Limited Exceptions: Certain content may be exempt from compliance, including archived content not currently in use, pre-existing conventional electronic documents, content posted by third parties, individualized password-protected documents, and pre-existing social media posts.
DOJ also released the following compliance dates for the final rule:
| Public Entity Size | Compliance Date |
|---|---|
| Fewer than 50,000 persons/special district governments | Three years after the publication of the final rule or April 24, 2027 |
| 50,000 or more persons | Two years after the publication of the final rule or April 24, 2026 |
The Regulatory Flexibility Act covers small governmental jurisdictions with populations fewer than 50,000, including cities, counties, towns, school districts, and special districts. On October 17, 2023, Advocacy submitted a comment letter to DOJ, noting that the agency underestimated the compliance costs and burden hours for small government jurisdictions. Small governments want to provide accessibility for their constituents but often have limited resources and lack internal technical staff to meet the high technical standards. Advocacy recommended that DOJ adopt regulatory alternatives to offer flexibility to small governments while improving website accessibility.
Why Accessibility Matters
Inaccessible websites and mobile apps create barriers for individuals with disabilities, limiting their ability to access essential services like paying bills, registering to vote, or participating in community events. By adhering to the DOJ’s rule, governments can ensure equal access and foster greater community engagement.
How STG Can Help
Shumaker Technology Group specializes in helping organizations comply with WCAG standards. Our services include:
- Accessibility Audits: Identify areas where your website or app falls short of compliance.
- Website Redesigns: Create user-friendly, accessible designs that meet legal standards.
- Ongoing Maintenance: Ensure your digital content remains compliant as guidelines evolve.
Benefits Beyond Compliance
Accessibility isn’t just a legal requirement; it’s an opportunity to improve user experience for everyone. Accessible websites are often easier to navigate, faster to load, and more compatible with various devices, benefiting all users.
Call to Action
As the DOJ’s compliance deadlines approach in 2025 and 2027, it’s essential to act now. Contact STG for a consultation to ensure your website and mobile apps meet ADA requirements. Together, we can build a more inclusive digital future.
