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  • Title II Compliance Amid Political Uncertainty

    The political landscape around disability rights can shift quickly. Yet, for state and local governments, the legal requirements under the Americans with Disabilities Act (ADA) do not vanish. Title II of the ADA makes sure people with disabilities have equal access to government programs and services. Even when leaders talk about changing rules, the obligation to comply with Title II remains.

    A recent court case, Ellerbee v. State of Louisiana, shows how serious these rules are. This case has become a wake-up call for many. It sends a clear message: do not wait to make your digital services accessible, or you might face a lawsuit.

    ADA Title II Compliance: What Hasn’t Changed

    Under Title II, state and local governments must provide equal access to public services. This includes websites, online forms, and mobile apps. The ADA has always covered digital content, even though earlier laws did not spell it out as clearly as modern rules do. Some governments may be waiting for new regulations to make changes. But that is risky because Title II has long required equal access online.

    Recent regulations point to the Web Content Accessibility Guidelines (WCAG) as the standard. But just because these rules are more precise now does not mean the core obligation is new. Governments that do not meet these accessibility standards can still face legal action from private citizens or advocacy groups. Federal or local policy shifts do not take away the chance of a lawsuit.

    Ellerbee v. State of Louisiana: A Court-Ordered Reality Check

    In January 2025, a judge ruled that the State of Louisiana must make its websites accessible right away. The plaintiff, Beau Ellerbee, is blind. He sued Louisiana because he could not use its government websites. Louisiana claimed it did not have to follow accessibility standards yet because new federal deadlines were not in effect. However, the judge disagreed. The court said the ADA’s rules already exist and cannot be brushed aside.

    This ruling is important. It reminds all governments that waiting for future deadlines is dangerous. The court made it clear that Title II compliance is an immediate duty, not an optional one. If a website is not accessible, people can sue and win—right now. Governments should note this and avoid ignoring their responsibilities.

    Political Uncertainty and Compliance: What We Know and Don’t Know

    Many leaders wonder if changing political priorities will affect Title II compliance. Some worry that the rule could be canceled. While it is possible, changing a major rule is hard. It takes a long time to undo a regulation, so it will not happen overnight.

    Federal enforcement efforts can shift. Some administrations may push more or fewer investigations into accessibility. However, lawsuits from individuals and groups will not just stop. They can still file legal cases when they face barriers. Relying on reduced enforcement is risky. The question is: should you wait? The answer is no. Even if federal agencies slow down, private lawsuits will keep coming. Governments must stay prepared.

    Upcoming Deadlines for Digital Accessibility

    Here are the upcoming deadlines for digital accessibility:

    • Large municipalities (population more than 50,000) and public universities: April 2026
    • Smaller municipalities (population under 50,000) and special districts: April 2027

    Essential Steps for Title II Compliance

    But as we have learned, these deadlines do not mean you can wait until the last minute. Being proactive is essential. Governments should take the following steps now:

    1. Conduct Accessibility Audits: Check your websites, mobile apps, and PDFs to find barriers. Consulting with a specialist firm like 216digital to conduct a thorough audit can also be a wise investment.
    2. Prioritize High-Impact Services: Focus first on key areas like emergency services, tax portals, and public benefits. These are used most often.
    3. Implement Ongoing Training: Train your staff, especially those involved in website management and content creation, about web accessibility. 
    4. Monitor and Maintain Compliance: Accessibility is ongoing. After fixing issues, keep testing, new accessibility issues will arise over time.
    5. Document Efforts: Keep records of your audits, training sessions, and updates. This shows good faith in meeting Title II requirements.

    Legal Precedents Are Changing—Is Your Business Ready?

    Although the recent uproar in Louisiana focused on Title II, there is a growing concern that courts could apply the same level of scrutiny to Title III, which governs private businesses. When judges see states being held responsible for inaccessibility under Title II, it is not a stretch to imagine them enforcing strict guidelines for private companies under Title III of the ADA.

    Private online businesses that have not yet addressed accessibility may be at risk. Website accessibility lawsuits against private companies are on the rise. For instance, in 2017, federal lawsuits related to inaccessible websites and apps stood at around 814. By 2024, that number had soared to more than 4,000. If the tide can turn so quickly for state and local governments, private businesses should assume that Title III enforcement could intensify just as fast.

    The Path Forward Amid Uncertainty

    Political changes may create doubt, but the duty to follow Title II remains. The Ellerbee v. State of Louisiana ruling shows that waiting for future deadlines can lead to immediate lawsuits. If you manage a government website or any public-facing digital service, now is the best time to address accessibility needs.

    The same principle applies to private businesses. If you have questions about making your online presence meet ADA guidelines, consider scheduling an ADA briefing with 216digital. Our team of accessibility experts can develop strategies to integrate WCAG 2.1 compliance into your development roadmap on your terms so you can focus on what matters — your business.

    Greg McNeil

    March 4, 2025
    Legal Compliance
    Accessibility, ADA, ADA Compliance, ADA Title II, Title II, Web Accessibility
  • What to Ask When Choosing a Partner for Title II ADA Compliance

    What to Ask When Choosing a Partner for Title II ADA Compliance

    When ensuring your organization’s compliance with ADA Title II, selecting the right partner to guide you through the process is crucial. ADA Title II mandates that state and local governments, as well as any of their departments, agencies, or other instrumentalities, must not discriminate against individuals with disabilities. Compliance with these regulations safeguards your organization against legal risks and ensures your services are accessible to all individuals. To make an informed decision when choosing a partner for ADA Title II compliance, here are key questions you should ask.

    Have You Worked with ADA Title III Compliance Before?

    ADA Title II compliance shares similarities with ADA Title III, which focuses on public accommodations provided by private entities. A partner with experience in ADA Title III compliance will have a solid understanding of accessibility requirements across different sectors. While Title II and Title III address various types of entities, the underlying accessibility principles remain consistent. A partner with experience in both areas will bring a comprehensive understanding of the legal landscape, helping you navigate the complexities of ADA compliance more effectively.

    How Well Do You Know WCAG 2.1 A/AA Standards?

    The Web Content Accessibility Guidelines (WCAG) 2.1 are the most widely recognized standards for digital accessibility. They provide a framework for making web content more accessible to people with disabilities, including those with visual, auditory, cognitive, and motor impairments. Ensuring your partner has an in-depth knowledge of WCAG 2.1 A/AA standards is crucial because these guidelines serve as the benchmark for evaluating your organization’s digital accessibility. A knowledgeable partner can guide you through implementing these standards, ensuring that your digital properties meet or exceed compliance requirements.

    How Skilled is Your Team in Accessibility?

    The expertise of the team working on your ADA compliance project is a critical factor in your success. Ask about the qualifications and experience of the team members handling your account. Do they have certifications in accessibility, such as Certified Professional in Accessibility Core Competencies (CPACC) or Web Accessibility Specialist (WAS)? How many years of experience do they have in the field? A skilled team with a deep understanding of accessibility can assure you that your project will be handled with the utmost care and expertise.

    What is Your Process for Conducting Accessibility Audits?

    An accessibility audit is the foundation of any compliance effort. It identifies areas where your organization falls short of ADA requirements and provides a roadmap for remediation. Ask potential partners to explain their audit process in detail. How thorough is their approach? Do they conduct both automated and manual testing? How do they document their findings?

    Understanding their process will give you insight into the level of detail and accuracy you can expect in their audit reports. A rigorous audit process is essential for identifying all accessibility issues and ensuring nothing is overlooked.

    How Do You Prioritize and Address Accessibility Issues?

    Not all accessibility issues are created equal. Some may have a significant impact on users with disabilities, while others may be less critical. A competent partner should have a clear strategy for prioritizing and addressing accessibility issues. Ask them how they determine which issues to tackle and how to address them. Do they focus on issues that have the most significant impact on user experience first, or do they take a different approach? Understanding their prioritization process will help you resolve the most pressing issues promptly, reducing the risk of non-compliance.

    What Testing Methods Do You Use?

    Testing is a critical component of ensuring ADA compliance. Ask your potential partner about the testing methods they use to evaluate accessibility. Do they rely solely on automated tools, or do they also conduct manual testing?

    Automated tools are excellent for identifying specific issues but can’t catch everything. Manual testing by individuals with disabilities provides valuable insights into how real users experience your digital content. A combination of both methods is ideal for a comprehensive assessment of your organization’s accessibility.

    How Will You Help Us Maintain Accessibility Over Time?

    Achieving ADA compliance is not a one-time effort; it’s an ongoing process. Your digital content will evolve, and new accessibility challenges may arise. Ask your potential partner how they plan to help you maintain accessibility over time. Do they offer ongoing monitoring services to ensure your digital properties remain compliant as updates are made? How do they stay up to date with changes in accessibility standards and regulations? A partner committed to long-term support will help you remain compliant and avoid potential legal pitfalls in the future.

    What Technology and Tools Do You Use for Accessibility?

    The tools and technology your partner uses can significantly impact the effectiveness of their accessibility efforts. Ask about the specific tools they use for auditing, testing, and remediation. Do they use industry-standard tools such as WAVE or JAWS? How do they leverage these tools to identify and resolve accessibility issues? Additionally, ask about any proprietary tools they may have developed. A partner with advanced technology and tools will be better equipped to handle complex accessibility challenges and deliver effective solutions.

    Do You Offer Training?

    Training is a vital component of sustaining ADA compliance. Your staff needs to be educated on accessibility best practices to ensure your digital content remains compliant as it evolves. Ask your potential partner if they offer training services. Do they provide customized training sessions tailored to your organization’s needs? Do they offer resources and support for your team to continue learning about accessibility?

    A partner who offers comprehensive training will empower your organization to maintain accessibility independently, reducing the need for constant external intervention.

    Conclusion

    Choosing the right partner for ADA Title II compliance is a crucial decision that can have long-lasting implications for your organization. By asking the right questions, you can ensure that your partner has the expertise, experience, and resources needed to guide you through the complexities of ADA compliance. A knowledgeable and skilled partner will help you achieve and maintain compliance, mitigating legal risks and ensuring that your services are accessible to all individuals, regardless of their abilities. Prioritize partners who demonstrate a deep understanding of accessibility, a commitment to ongoing support, and a comprehensive approach to testing and remediation.

    At 216digital, we specialize in helping organizations like yours successfully navigate ADA compliance with expert guidance, tailored solutions, and ongoing support. Schedule an ADA compliance briefing with our team today to learn how we can help you stay ahead of regulations, reduce legal risks, and build an inclusive digital experience. Let’s work together to ensure your organization meets and exceeds accessibility standards.

    Kayla Laganiere

    September 4, 2024
    Testing & Remediation
    ADA Compliance, ADA Website Compliance, digital accessibility, Title II, Web Accessibility
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