Notice of proposed rule-making on ADA Title II for public entity websites

The process begins for applying WCAG 2.1 to state and local digital sites.

The Department of Justice announced this spring a proposal on rule-making on public entities—that is state and local governments’ web properties. The American with Disabilities Act (ADA), which was enacted in 1990, does not directly address web sites at all however Title II of the ADA is directed at state and local governments providing equal access to those with disabilities. This proposal would mandate that state and local governments’ web properties pass Web Content Accessibility Guidelines (“WCAG”) 2.1 Level AA.

Federal websites currently fall under the scope of the Section 508 of the Rehabilitation Act and WCAG, but state and local governments do not unless local laws require it. This should put private business on notice to prepare for potential regulation of public website in the future under Title III of the ADA.