Title II Archives /Tag

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.
Greg McNeil

December 15, 2025

Legal Compliance

Accessibility, ADA Compliance, ADA Title II, ADA Title III, ADA Website Compliance, Title II, Title III, Website Accessibility
ADA Title II Compliance: Your 2026 Countdown Begins
April 2026 is fast approaching, and it marks a pivotal shift in how government and educational institutions must deliver their digital services. In April 2024, the U.S. Department of Justice (DOJ) finalized new rules under Title II of the Americans with Disabilities Act, requiring that public entities make their websites and mobile apps conform to WCAG 2.1 Level AA standards.

This update creates a clear and enforceable standard for digital accessibility—and a fixed timeline. Large entities serving 50,000 or more people must achieve ADA Title II compliance by April 24, 2026. Smaller entities, including towns, special districts, and small school systems, must follow by April 26, 2027.

This isn’t just about meeting regulations. It’s about ensuring that everyone—including people with disabilities—can use essential public services online, from paying utility bills to registering for classes or receiving emergency alerts.

Understanding the Scope of ADA Title II Compliance

The rule applies to nearly all state and local government organizations, including:
- Cities, counties, and municipalities
- Public universities and school districts
- State agencies and special districts such as transit, water, or fire authorities
It also indirectly includes any private vendors that design, build, or maintain digital platforms for these organizations. Even if a vendor creates or operates your digital platform, responsibility for accessibility—and legal liability—remains with the public entity.

This broad scope means development, design, content, and procurement teams must work in sync. Accessibility is no longer a “nice to have” feature or a patchwork afterthought. It must be an intentional part of the lifecycle of digital services.

The New Baseline: WCAG 2.1 Level AA

For years, WCAG has served as the de facto best practice for digital accessibility. Now, it’s the legal benchmark. ADA Title II compliance requires conformance to WCAG 2.1 Level AA across websites and mobile apps.

The WCAG framework is built on four key principles:
- Perceivable: Information must be presented in ways users can recognize and process—through sight, sound, or touch.
- Operable: All functionality must be usable via a range of input methods, such as keyboards or voice controls.
- Understandable: Content and interfaces should be clear, consistent, and predictable.
- Robust: Code must follow accepted standards to work reliably with assistive technologies.
For developers, this translates into semantic HTML, accessible form structures, proper use of ARIA where needed, support for keyboard navigation, sufficient color contrast, captions and transcripts for media, and responsive design that works across devices.

Key Deadlines and Limited Exceptions

The DOJ’s final rule establishes staggered deadlines to account for the varying resources of different entities:
- April 24, 2026: Large public entities (50,000+ population) and major school districts must comply.
- April 26, 2027: Smaller municipalities, rural counties, special districts, and small school systems must comply.
Some content is exempt: archived web materials, third-party content not posted by the entity, individualized password-protected content (like a specific utility bill), preexisting social media posts, and older electronic documents not currently in active use. These exceptions are narrow and shouldn’t be treated as a loophole—most public-facing content still must be accessible.

Why This Deadline Signals a Shift

This rule does more than set a date. It establishes a uniform digital standard across public services—and that’s transformative.

By naming WCAG 2.1 Level AA as the clear benchmark, it ends ambiguity. Public trust is strengthened as people with disabilities gain guaranteed equal access. Legal risk drops as the gray areas that once fueled costly lawsuits and settlements disappear. At the same time, accessibility is pushed to the forefront of digital strategy instead of being treated as an optional side task.

Accessibility now sits at the center of how public organizations plan, design, build, and maintain their digital platforms.

A Phased Roadmap Toward ADA Title II Compliance

Because comprehensive remediation can take months—or longer for complex ecosystems—waiting until late 2025 risks running out of time. A phased approach helps build steady momentum.

Phase 1: Assess and Organize (Now through Mid-2025)

Begin by identifying who will lead accessibility efforts. Take inventory of every public-facing digital property, including web apps, mobile apps, forms, and documents. Then schedule a thorough accessibility audit, prioritizing the most used or most critical services like billing systems, course registration, or emergency alerts.

Phase 2: Plan and Prioritize (Mid-2025 through End-2025)

Use your audit findings to map out a remediation plan tied to your budgeting cycles. Secure executive buy-in early. Accessibility should be positioned as a matter of governance and public trust, not just a technical task assigned to IT.

Phase 3: Remediate and Test (Early 2026)

Implement code-level fixes, update design patterns, and correct content barriers. Use both automated and manual testing, and incorporate usability testing with people who use assistive technologies. Their insights will surface barriers that automated tools often miss.

Phase 4: Embed in Procurement and Governance (Ongoing)

Update procurement language to require WCAG 2.1 AA conformance for all vendors. Include accessibility testing, documentation, and verification milestones in contracts. Establish internal policies for accessible design and development practices going forward.

Phase 5 : Maintain Accessibility Long-Term (Post-Deadline)

Schedule recurring audits, provide continuous staff training, and build accessibility checks into your development and content workflows. Establish a feedback channel for users to report barriers and ensure those reports trigger timely remediation.

Common Pitfalls That Derail Progress

Even well-intentioned teams can lose ground as deadlines approach. These are common issues to avoid:
- Stopping at the audit: An audit reveals issues; it doesn’t fix them. Plan for remediation, re-testing, and validation.
- Over-relying on automation: Automated tools catch only a fraction of WCAG criteria. Manual reviews are essential.
- Leaving vendors unchecked: Accessibility obligations don’t end at the contract signature. Require proof of ADA Title II compliance.
- Relying on overlays or widgets: These often fail to solve root issues and can introduce new barriers.
Beyond April 2026: Sustaining ADA Title II Compliance

ADA Title II compliance is not a project that ends on launch day—it’s an ongoing obligation. Accessibility should become a standing component of your governance model.

Include accessibility reviews in your CI/CD pipelines to catch regressions early. Track and adopt updates to WCAG—2.2 has already arrived, and 3.0 is in development. Maintain documentation of policies, testing protocols, and training records to demonstrate due diligence if audited or challenged.

And don’t overlook communication. Sharing progress with your community shows accountability and reinforces public trust. Transparency builds confidence, both internally and externally.

Getting Started Now

You don’t need to overhaul everything at once. Early, visible progress helps build support and momentum. Start by:
- Conducting a comprehensive audit to establish a baseline
- Fixing accessibility barriers on high-traffic pages and applications
- Training staff who create or maintain digital content
- Updating vendor contracts and procurement templates with WCAG 2.1 AA language
- Implementing ongoing monitoring to prevent regressions
Even these first steps will make your platforms more usable while laying the foundation for full compliance.

Turning Deadlines Into Opportunity

The 2026 and 2027 deadlines for ADA Title II compliance are closer than they seem, but they’re absolutely achievable. With a deliberate plan, you can meet the requirements without last-minute scrambles—and create more inclusive digital services in the process.

This is more than a legal mandate. It’s a chance to improve the experience for everyone who relies on your digital platforms. Starting now allows you to spread out the workload, secure the resources you need, and avoid costly last-minute vendor rushes.

If you need support, 216digital partners with public entities to conduct audits, provide remediation, train teams, and implement ongoing monitoring.

Now is the moment to prepare. Schedule an ADA briefing and set your roadmap in motion—on time, on mission, and built to last.
Greg McNeil

September 15, 2025

Legal Compliance

Accessibility, ADA, ADA Title II, ADA Website Compliance, Title II, Web Accessibility, Website Accessibility
ADA Compliance for State and Local Governments
A resident tried to renew their license, apply for benefits, or register to vote. They found the page—but the form wouldn’t load properly. The labels were missing, the buttons didn’t work with their keyboard, or the error messages didn’t make sense. After a few tries, they gave up. Frustrated, unheard, and now one step further from the help they needed.

It’s not a rare story.

When digital government services don’t work for everyone—especially for people using assistive technology—the problem cuts deeper than bad UX. It means someone in your community got left out of a public service. Maybe they missed a deadline. Maybe they called your office, overwhelmed and confused. Or maybe they didn’t say a word, just silently lost faith that their government sees them.

ADA compliance isn’t a nice-to-have or a compliance checkbox. It’s how public agencies build trust, deliver on their mission, and make sure no one gets shut out. And while it can feel like one more thing on a very long list—it’s not out of reach. Even with tight budgets, limited time, and a small team, meaningful progress is possible.

Start at the Foundation: Build In, Don’t Bolt On

Your website is probably the front door to half your services. License renewals, benefit applications, emergency alerts—it all lives online now. So when that door doesn’t open for someone using a screen reader or navigating with a keyboard, the message is clear: this wasn’t built for you.

And that kind of message doesn’t just frustrate users—it breaks down trust. It also creates extra work for your staff, drives up support requests, and opens the door to compliance issues. It’s a lose-lose.

The good news? You don’t need a blank slate or a full redesign to make things better. Start where you are, work with what you’ve got, and shift the mindset from “we’ll fix it later” to “let’s make this part of how we work.”

What the Law Actually Says (And Why It’s Not Just About Lawsuits)

Let’s clear up the legal side. Yes, digital accessibility is required—and yes, those requirements have recently gotten more specific.

Title II of the Americans with Disabilities Act now includes digital services. As of April 2024, the DOJ’s final rule requires public sector websites and digital tools to follow WCAG 2.1, Level A and AA. That gives you a defined standard—and frankly, a clearer path forward.

Then there’s Section 504 of the Rehabilitation Act, which applies to any public service receiving federal funds. If your agency touches education, healthcare, or housing, this rule probably applies to you too.

And don’t forget the state-level picture. States like California, Colorado, Minnesota, and Illinois have passed their own accessibility laws, some of which go further than federal standards.

Still, accessibility isn’t just about avoiding legal trouble. It’s about showing residents that your agency is committed to fair access—online, offline, everywhere. Compliance is important. But inclusion is what makes the effort worthwhile.

WCAG Sounds Complex—But It Boils Down to Four Core Ideas

You don’t have to memorize the entire Web Content Accessibility Guidelines to start improving accessibility. At its core, WCAG is built on four principles—think of them as your north star:
- Perceivable: Can people see or hear the content?
- Operable: Can they interact with it using a keyboard, screen reader, or voice commands?
- Understandable: Is the information clear, consistent, and logical?
- Robust: Does the site work across different browsers, assistive tech, and platforms?
When you keep these in mind while building or updating a digital tool, you’re already making smarter choices.

Okay, But How Do You Start with ADA Compliance?

Let’s say you don’t have a dedicated accessibility specialist. Maybe your web team is small. Maybe you wear six hats and accessibility feels like a seventh. Here’s how to make headway anyway:

Use tools that do the first pass for you.

Platforms like WAVE, axe, and Google Lighthouse can scan your site for issues like missing alt text, poor color contrast, and unlabeled form fields. These won’t catch everything, but they’ll give you a solid to-do list—especially for easy wins that make a big difference.

Triage by Traffic

Start with the digital spaces that matter most: your homepage, your most-used forms, and any system residents rely on during an emergency. These are the areas where accessibility problems cause the biggest real-world consequences—and where fixes bring the biggest impact.

Teach What Matters To The People Who Touch the Work.

ADA compliance isn’t just an IT concern. Content editors need to know how to structure text. Designers need to understand color contrast and readable fonts. Even procurement officers should be including accessibility language in contracts. A little role-specific training goes a long way.

Make It Routine, Not A One-time Fix

Build ADA compliance into your processes—not just your projects. Add it to your publishing checklist. Review older content during updates. Make it part of procurement, design reviews, and form testing. When it becomes second nature, you avoid the scramble later.

The Payoff Isn’t Just ADA Compliance—It’s Better Public Service

ADA compliance improves your service delivery across the board. It helps more people use your tools the way they were intended—without needing to call, email, or show up in person. It also reduces the burden on your staff and helps build public trust.

And yes, there are cost benefits. When you design with accessibility from the beginning, you avoid expensive rework and reduce your legal exposure. But even more than that, you create digital spaces that feel fair, usable, and modern—qualities your community notices.

You Don’t Have to Do It All Today—Just Take the First Step

If you’re still thinking, “We’re not ready,” that’s okay. You don’t have to overhaul everything overnight. ADA compliance is a journey—and the first steps are often the most impactful.

Start with what you can. Get curious about what’s working (and what’s not). Loop in the people who use your site. And if you need help? Ask for it.

At 216digital, we offer ADA briefings, a simple, no-pressure way to understand your obligations, identify risks, and plan your next steps.Because digital inclusion isn’t just a standard to meet—it’s a way to serve your community better.
Greg McNeil

July 10, 2025

Legal Compliance

Accessibility, ADA Compliance, ADA Title II, ADA Website Compliance, state accessibility laws, Title II, Website Accessibility
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

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

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

Where Title II and Title III Fit in ADA Web Accessibility

Who Title II Covers for Government Web Accessibility

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

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

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

1. Clarify How the ADA Applies to You

2. Map Your Full Digital Surface

3. Audit Against WCAG 2.1 Level AA

4. Prioritize Remediation by Impact

5. Integrate Accessibility Into Delivery

6. Align People and Vendors Around Shared Expectations

7. Monitor, Document, and Adjust

Using Title II and Title III Insight to Shape Sustainable Accessibility

ADA Title II Compliance: Your 2026 Countdown Begins

Understanding the Scope of ADA Title II Compliance

The New Baseline: WCAG 2.1 Level AA

Key Deadlines and Limited Exceptions

Why This Deadline Signals a Shift

A Phased Roadmap Toward ADA Title II Compliance

Phase 1: Assess and Organize (Now through Mid-2025)

Phase 2: Plan and Prioritize (Mid-2025 through End-2025)

Phase 3: Remediate and Test (Early 2026)

Phase 4: Embed in Procurement and Governance (Ongoing)

Phase 5 : Maintain Accessibility Long-Term (Post-Deadline)

Common Pitfalls That Derail Progress

Beyond April 2026: Sustaining ADA Title II Compliance

Getting Started Now

Turning Deadlines Into Opportunity

ADA Compliance for State and Local Governments

Start at the Foundation: Build In, Don’t Bolt On

What the Law Actually Says (And Why It’s Not Just About Lawsuits)

WCAG Sounds Complex—But It Boils Down to Four Core Ideas

Okay, But How Do You Start with ADA Compliance?

Use tools that do the first pass for you.

Triage by Traffic

Teach What Matters To The People Who Touch the Work.

Make It Routine, Not A One-time Fix

The Payoff Isn’t Just ADA Compliance—It’s Better Public Service

You Don’t Have to Do It All Today—Just Take the First Step

Title II Compliance Amid Political Uncertainty

ADA Title II Compliance: What Hasn’t Changed

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

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

Upcoming Deadlines for Digital Accessibility

Essential Steps for Title II Compliance

Legal Precedents Are Changing—Is Your Business Ready?

The Path Forward Amid Uncertainty

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

Have You Worked with ADA Title III Compliance Before?

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

How Skilled is Your Team in Accessibility?

What is Your Process for Conducting Accessibility Audits?

How Do You Prioritize and Address Accessibility Issues?

What Testing Methods Do You Use?

How Will You Help Us Maintain Accessibility Over Time?

What Technology and Tools Do You Use for Accessibility?

Do You Offer Training?

Conclusion