Public Entity Alert – DOJ Proposes New ADA Regulations Addressing Web Accessibility

The Justice Department has published a Notice of Proposed Rulemaking under Title II of the Americans with Disabilities Act (ADA) that is intended to improve access for people with disabilities to websites and mobile applications operated by public entities. Title II of the ADA requires state and local governments’ services, programs, and activities to be accessible to people with disabilities.

“As state and local governments continue to move more of their programs and activities online – from applying for permits to checking the status of service requests, registering vehicles, and paying taxes and fees – ensuring that people with disabilities have equal access to these same services is essential. When websites and mobile apps are not accessible, they can be difficult or even impossible for people with disabilities to use. This can block people with disabilities from readily accessing important government services and programs that others can quickly and easily obtain online.”

The Justice Department has issued a Fact Sheet explaining the proposed regulations which would generally require public entities to follow the standards set forth in Version 2.1 of the Web Content Accessibility Guidelines (WCAG) for their websites and mobile applications.

The proposed regulations were published in the Federal Register on August 4, 2023. Public comments can be submitted during a 60-day period ending on October 3, 2023. 

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