ADA Title II vs. Title III: What’s the Difference?

Websites and mobile apps are now the primary way people access services, complete transactions, and manage information. For users who rely on assistive technology, accessibility determines whether those tasks can be completed at all.

As digital accessibility expectations continue to evolve, many organizations are reassessing how the ADA applies to their online services and overall ADA web accessibility requirements. In particular, teams are working to understand whether their websites, applications, and digital documents fall under Title II or Title III, especially as new Title II accessibility standards take effect this year and private enforcement activity under Title III continues to grow.

Below, we’ll explain where Title II and Title III apply online, what each title expects, and how those expectations connect to WCAG 2.1 Level AA, the primary benchmark for ADA website compliance. We’ll also outline the practical steps needed to meet those obligations so you can reduce legal risk while improving accessibility for the people who rely on your digital services.

Where Title II and Title III Fit in ADA Web Accessibility

The Americans with Disabilities Act (ADA) is a civil rights law enacted in 1990 to prevent discrimination and ensure access for people with disabilities. Early enforcement centered on buildings, transportation, and other physical spaces.

Today, much of that same activity happens online. People pay taxes, renew licenses, book appointments, manage benefits, and purchase services through websites and apps. In practice, those digital experiences carry the same access expectations as a front counter or an office doorway. ADA web accessibility requirements are now a core part of how access is measured.

The ADA is organized into five main titles.

Title I addresses employment.
Title II applies to state and local governments and their services.
Title III applies to private businesses that serve the public.
Other titles address areas such as telecommunications and enforcement.

For digital accessibility, Title II and Title III are the pieces that shape most decisions. A city website, a public university portal, or a transit app is treated as a public program. A retail site, a banking platform, or a healthcare portal is treated as a public accommodation. If your organization offers services online in either context, those experiences sit within the ADA’s scope. Misunderstanding which title applies does not change that responsibility, it only makes planning, prioritization, and risk management more difficult than it needs to be.

In real terms, that includes your public website, authenticated portals, mobile apps, online forms and workflows, PDFs and office files, embedded media players, chat tools, maps, and booking systems. If someone needs it to complete a task with you, it needs to be usable with assistive technologies and aligned with modern digital accessibility expectations.

Who Title II Covers for Government Web Accessibility

Title II applies to state and local government entities and to the programs and services they provide. That includes:

City and state agency websites
Public schools, colleges, and universities
Public transit systems and trip-planning tools
Courts, election portals, and public records systems
Public hospitals, health departments, and benefit portals

Many of these services run on vendor-built platforms or include third-party modules for payments, scheduling, or forms. When a public entity relies on outside providers, accessibility responsibilities do not stop at the agency boundary. Agencies and vendors are responsible for delivering digital services that meet the same standards, so Title II web accessibility becomes a shared concern.

For public entities, federal requirements are now explicit. In April 2024, the U.S. Department of Justice set WCAG 2.1 Level AA as the accessibility benchmark for government websites and mobile applications and attached firm timelines:

Larger entities must comply by April 24, 2026.
Smaller entities and special districts must comply by April 26, 2027.

These expectations cover the full digital service, not just the main site. If a resident needs to complete a permit application, pay a bill, download a form, or check case status online, that journey needs to work with screen readers, keyboard navigation, magnification, and other assistive tools.

This has pushed many agencies to treat accessibility as part of digital governance rather than a side project. Design systems, content guidelines, vendor contracts, and remediation plans are being aligned to WCAG 2.1 Level AA because the standard is now clearly tied to Title II obligations. For public entities, there is no longer any ambiguity about the technical standard federal regulators will use when reviewing digital services or ADA web accessibility compliance.

How Title III Applies to Private Websites, Apps, and Digital Services

Title III covers public accommodations, which includes most private organizations that offer goods or services to the public. That list spans retail, eCommerce, hospitality, banking and financial services, healthcare, fitness and recreation, professional services, museums, and private colleges and universities.

The ADA does not write a technical accessibility standard into the text for these businesses. In practice, however, courts and the Department of Justice repeatedly look to WCAG 2.1 Level AA when they evaluate whether a site or app meets effective communication and equal access requirements. Website accessibility cases, including recent decisions that treat websites as places of public accommodation, are built around this expectation.

For many organizations, Title III shows up through demand letters, lawsuits, or settlement negotiations that center on digital journeys. The focus is rarely on a single static page. It is on flows that matter to customers:

Is the full checkout flow usable for someone navigating with a screen reader?
Can someone using a keyboard manage their account or update billing details?
Are users able to schedule appointments, request support, or apply for services without getting stuck in the process?

If those paths fail, the business function fails for that user. That is the point where legal exposure increases and trust erodes. It is also where accessibility work is most visible to regulators, plaintiff firms, and users themselves.

There is no fixed federal deadline for private entities. Instead, risk is continuous. New campaigns, visual refreshes, marketing widgets, and third-party integrations can reintroduce barriers at any point. Building and maintaining alignment with WCAG 2.1 Level AA across your core templates, components, and user journeys is the most dependable way to manage Title III risk, support ADA website compliance, and serve users who rely on assistive technologies every day.

Shared Goals, Different Paths for Title II and Title III Web Accessibility Compliance

Both titles are grounded in the same idea: people with disabilities should be able to use your services in a comparable way to everyone else. The gap lies in how expectations are spelled out and how they are enforced.

Under Title II, public entities have a defined technical standard and clear dates. WCAG 2.1 Level AA is written directly into federal requirements, which gives agencies a specific target for their websites and apps. That clarity supports long-term planning. Teams can tie budgets, staffing, and remediation schedules to a known expectation and build digital accessibility into their broader compliance programs.

Under Title III, technical details are shaped more by case law and agency guidance than by statute text. WCAG 2.1 Level AA still functions as the reference point, but it appears in consent decrees, settlement agreements, and court decisions. Private organizations have more freedom in how they build their accessibility programs, yet far less freedom in the outcome when users cannot complete essential tasks. The question regulators and courts ask is simple: can people with disabilities use the digital service as intended?

For your digital experience, this leads to the same practical conclusion. Accessibility work cannot stop at isolated pages or one-time audits. It needs to follow the paths users actually take:

Finding content through navigation and search
Signing in or creating an account
Filling out and submitting forms
Completing payments or purchases
Accessing support, documentation, and media

If these journeys hold up for people using screen readers, keyboard-only navigation, magnification, voice input, and other assistive tools, you are in a stronger position under both Title II and Title III. That alignment also gives you a consistent way to talk about ADA compliance internally: not as a separate legal track, but as part of delivering reliable, accessible digital services.

A Practical Roadmap for Title II and Title III Web Accessibility Compliance

To move from legal language to day-to-day work, you need a structure that fits how your teams already build and release digital products. The outline below can be adapted to the size and complexity of your environment.

1. Clarify How the ADA Applies to You

Determine whether you are operating as a public entity, a private business, a technology provider to public entities, or some mix of these. Document this clearly. It will shape which enforcement context applies, how you talk about risk internally, and what kind of evidence you need to demonstrate alignment with Title II or Title III and related ADA web accessibility requirements.

2. Map Your Full Digital Surface

List every public-facing asset a user might rely on. Include your main site, microsites, campaign pages, portals, mobile apps, and document libraries. Add the third-party pieces that sit in critical paths, such as booking engines, payment services, chat tools, video players, and embedded forms. If users depend on it to complete a task, it belongs in scope for accessibility work and ADA website compliance.

3. Audit Against WCAG 2.1 Level AA

Combine automated scanning with targeted manual testing. Use automation to find recurring issues across templates, such as color contrast problems, missing form labels, or non-descriptive link text. Use manual testing to check keyboard operation, screen reader behavior, focus handling in dialogs, error messages, and dynamic content. Start with the journeys that matter most to your organization and your users, such as account access, applications, and checkout.

For organizations looking for a structured model, you can explore our accessibility audit process, which shows how automated scans and expert testing work together.

4. Prioritize Remediation by Impact

Not every issue carries the same weight. Address blockers first by fixing controls that don’t respond to the keyboard, adding accessible labels to forms, correcting navigation that traps focus, and rebuilding interactive components with proper semantics.Then resolve issues that affect structure and consistency, such as heading hierarchy, landmark use, reusable component patterns, and document templates. This order improves usability quickly while also laying groundwork for long-term digital accessibility and maintainability.

5. Integrate Accessibility Into Delivery

Fold accessibility into existing processes instead of treating it as a separate layer. Add accessibility criteria to design reviews, user stories, acceptance criteria, and QA checklists. Make sure your design system or component library encodes WCAG 2.1 Level AA expectations so new work inherits accessible patterns instead of reinventing them. This is how you prevent regressions instead of chasing them and keep ADA web accessibility requirements connected to everyday decisions.

6. Align People and Vendors Around Shared Expectations

Everyone who touches your digital experience plays a role, from visual design and UX to engineering, content creation, and testing. Provide role-specific guidance so each group understands the decisions they own. For external partners, write explicit accessibility requirements into contracts, including alignment with WCAG 2.1 Level AA and support for any Title II or Title III obligations you carry through that relationship.

7. Monitor, Document, and Adjust

Treat accessibility as an ongoing quality measure. Schedule regular scans and focused reviews, especially around major releases, redesigns, or platform changes. Track issues, fixes, and regressions alongside other key metrics. Provide a channel for users to report accessibility problems and treat that input as a signal for pattern-level improvements, not just small fixes. Thorough documentation of this work also helps demonstrate due diligence if your organization ever faces complaints or legal scrutiny around ADA website compliance.

Regardless of whether your primary obligations arise under Title II, Title III, or both, the goal is the same. People with disabilities should be able to use your digital services confidently and independently. Centering work on WCAG 2.1 Level AA, critical user journeys, and repeatable workflows gives you a practical way to honor that goal and meet your ADA web accessibility responsibilities at the same time.

Using Title II and Title III Insight to Shape Sustainable Accessibility

Accessibility work isn’t simple, and it rarely begins with a perfect map. Most teams step into it while juggling releases, supporting users, and keeping digital services running. Getting clear on whether Title II, Title III, or both apply gives that work direction. It removes guesswork and helps teams invest effort where it matters most.

From there, the work becomes more manageable. When teams clarify their obligations and anchor their work to WCAG 2.1 Level AA, they keep accessibility progressing with the platform rather than trailing it.

You don’t have to navigate that alone. At 216digital, we help organizations translate ADA requirements into practical accessibility strategies that fit their workflows, technical environments, and long-term goals. To take the next step, schedule an ADA briefing with 216digital. We’re here to support your team and help you build digital experiences that work for everyone.