The ADA Title II Web Accessibility Rule: Who Must Comply and What's Required

In April 2024, the DOJ published a final rule under Title II of the ADA that formally adopts WCAG 2.1 Level AA as the technical standard for web and mobile app accessibility. Previously, courts and regulators referenced WCAG informally, but there was no binding federal rule specifying which version or level applied. The new rule eliminates that ambiguity. State and local governments with populations of 50,000 or more are now required to meet WCAG 2.1 AA. Smaller entities (under 50,000) have until April 26, 2027. The rule covers websites, web applications, and mobile apps operated by or on behalf of a public entity.

The current requirement applies to all state and local government entities serving populations of 50,000 or more. That includes city and county government websites, public school districts and state university systems, public transit authorities, public libraries, courts and judicial branch websites, state agency portals, and any third-party vendor sites or apps these entities use to deliver services. If a resident needs to interact with your website to access government services — paying a water bill, registering for a program, viewing meeting minutes, submitting a permit application — that experience must meet WCAG 2.1 AA. Entities under 50,000 should be planning their remediation now to meet the 2027 deadline.

WCAG 2.1 AA covers 50 success criteria organized under four principles: Perceivable, Operable, Understandable, and Robust. Key requirements include providing text alternatives for images and non-text content, ensuring all functionality works via keyboard alone, meeting minimum color contrast ratios of 4.5:1 for normal text, providing captions for video content, making forms fully labeled and error messages descriptive, ensuring content reflows properly on mobile devices at 320px width, and avoiding content that relies solely on sensory characteristics like color to convey information. The full specification is detailed, but the practical impact is that every page, form, PDF, and interactive element on your site needs to be reviewed.

Title II enforcement is handled by the DOJ and through private lawsuits. Noncompliant entities face DOJ investigations and consent decrees that can mandate expensive remediation under court supervision, compensatory damages paid to individuals who were denied access, ongoing monitoring and reporting obligations that can last years, and significant reputational harm — especially for public-facing government services. ADA lawsuits related to web accessibility have increased steadily, with over 4,000 filed in federal court in 2023 alone. Government entities are increasingly being targeted, and the now-active rule removes any defense based on regulatory ambiguity.

If you haven't fully audited your site, start now. First, run an automated scan to identify the scope of issues — tools like ADA CodeFix can scan your pages and generate a prioritized list of WCAG violations with specific code fixes. Second, address critical issues first: missing alt text, form labels, keyboard traps, and contrast failures account for the majority of violations. Third, review your PDFs and documents — these are covered by the rule and are often overlooked. Fourth, test with actual assistive technology: run through key user flows with a screen reader (NVDA or VoiceOver) and keyboard-only navigation. Fifth, establish an ongoing process because accessibility is not a one-time fix; new content and features need to be checked continuously.

The Title II rule applies specifically to government entities. Title III, which covers private businesses and places of public accommodation, does not yet have a formal rulemaking with a specific WCAG standard — but courts have consistently held that business websites must be accessible under Title III. The DOJ has signaled intent to pursue Title III rulemaking as well. Private businesses should not treat the absence of a formal rule as permission to ignore accessibility. The legal risk is real and growing, and adopting WCAG 2.1 AA as your standard now is the most defensible position regardless of which title applies to your organization.