Understanding the Newly Proposed Regulations under Title II of the ADA

The Department of Justice (DOJ) is proposing new regulations under Title II of the Americans with Disabilities Act (ADA) that will significantly impact the digital landscape. These changes are designed to ensure full and equal access for people with disabilities while establishing achievable compliance standards for organizations.

What's New?

The proposed web accessibility standards apply to state, local, and district government entities’ websites, mobile apps, and digital documents, such as PDFs, word-processing documents, spreadsheets, and presentation files. The rule will apply to publicly available content accessed via the web, including:

●       Video and Audio

●       Social media posts

●       Third-party experiences a public entity chooses to use to provide services.

However, the proposal provides exceptions for some types of content, including unchanging, archived materials on a website.

Who Will Be Impacted?

The proposed rule will apply to state, local, and other special or district governments, encompassing all government agencies, services, and organizations, as well as organizations they’ve contracted to run programs on their behalf. The DOJ refers to these institutions as public entities. Other public entities include:

●       Public schools, community colleges, and public universities

●       Public hospitals and public health-care clinics

●       State and local courts

●       Public libraries

When Will the Proposed Rule Take Effect?

While it’s unclear how soon following the feedback period a final rule will be adopted, the Notice of Proposed Rulemaking (NPRM) offers extra time to smaller public entities for compliance:

●       Public entity with a total population of 50,000 or more: compliance within two years of the publication of the final rule.

●       Public entity with a total population of less than 50,000: compliance within three years of the final rule's publication.

●       All special district governments: compliance within three years of the publication of the final rule.

Why Now?

According to the DOJ, the proposed updates to ADA Title II address the fact that many state and local governments now provide most of their services, programs, and activities online and via mobile apps. This development has increased the risk that people with disabilities encounter barriers to accessing essential services and to participating in essential civic activities.

In addition, both public entities and private businesses are facing mounting legal action surrounding the inaccessibility of digital experiences and content, with many lawsuits and demand letters alleging non-compliance with the ADA. As a result, many organizations have sought clarity from the federal government over what ADA compliance means, practically, when it comes to digital experiences.

Impact on Private Businesses

It is very likely that the new rule proposed under Title II of the ADA will be a blueprint for similar revisions to Title III of the ADA, which applies to the “places of public accommodation” provided by private businesses. This means that private businesses should also pay close attention to these developments, as they may soon be required to comply with similar regulations.

In conclusion, these proposed changes represent a significant step towards making the digital world more accessible for everyone. As we await the final rule, it's crucial for all entities, public and private, to begin assessing their digital assets for accessibility and making necessary adjustments. This not only ensures compliance with potential regulations but also makes their services more inclusive for all users.

Stoup. “Blog post summarizing the proposed new title two regulations.” Microsoft Copilot, Version 1.0, 19 Mar. 2024