What is Title II?
Title II of the Americans with Disabilities Act (ADA) was enacted in 1990 to ensure that people with disabilities have equal access to all programs, services, and activities provided by state and local governments.
While it established a strong legal foundation for accessibility in public spaces, the law was written at a time when government interactions were largely in-person or on paper.
As websites, digital documents, and online services became central to civic life, the original rules left a gap. Governments were still expected to comply, but there was little formal guidance on how to make digital environments accessible.
That gap led to confusion, inconsistent practices, and a patchwork of lawsuits.
In 2024, the Department of Justice issued updated rules under Title II to reflect the modern reality that residents rely on websites, videos, and online forms just as much as they rely on physical ramps or sign language interpreters.
These updates set clear, enforceable standards, specifically requiring compliance with WCAG 2.1 AA, and establish timelines for large and small public entities to meet them.
The goal isn’t just legal compliance, but ensuring that every resident, regardless of ability, can engage fully with their local government in the digital age.
Key Deadlines
State or local governments with a population of 50,000 or more persons
State or local governments with a population of 0 to 49,999 persons
Special district governments
These deadlines may feel distant, but accessibility remediation is a time-consuming process, especially if your municipality has years of agendas, ordinances, and forms stored in inaccessible formats like scanned PDFs.
Common Red Flags for Non-Compliance
Screen readers can’t interpret images of text without tagging or OCR remediation.
Missing captions or transcripts
Council meeting videos, public hearings, or livestreams must include accurate captions.
Poor color contrast
Websites that rely on decorative colors may be unreadable for residents with low vision.
Keyboard traps
Residents who navigate with a keyboard or switch devices should be able to access every menu, link, and form.
Online forms that aren’t labeled properly can lock residents with disabilities out of key services like applications and permits.
Accessibility Misconceptions
“Accessibility makes websites boring.”
Accessibility does not mean sacrificing design quality. In fact, many modern design principles—clean layouts, clear typography, and mobile responsiveness—overlap with WCAG requirements.
“We just need an accessibility widget.”
Plugins or overlays don’t guarantee compliance and may create a false sense of security. The DOJ has specifically noted that overlays are not a substitute for full compliance.
“We can fix it all at once right before the deadline.”
Accessibility is an ongoing process, not a one-time project. Training staff and building accessibility into daily workflows is as important as fixing the website.
“We’re too small to be affected.”
Even municipalities with a few hundred residents must comply by 2027. No town or borough is exempt.
ADA vs. WCAG: What’s the Difference?
The ADA (Americans with Disabilities Act) is the law. It sets the requirement that government services—whether in a building or online—must be accessible to people with disabilities. Title II specifically applies to state and local governments.
WCAG (Web Content Accessibility Guidelines) is the standard. Created by the World Wide Web Consortium (W3C), WCAG provides the technical blueprint for how to make websites and digital documents accessible such as color contrast, keyboard navigation, screen reader compatibility, and captioning for video.
ADA is the “why,” WCAG is the “how.” Together, they make digital inclusion possible.
Think of it this way: the ADA says you must make your town hall accessible, but WCAG tells you how to build the ramp.
What Municipalities Should Do Now
- Start with an audit. Identify your high-risk content.
- Create a remediation roadmap. Prioritize agendas, minutes, and public notices.
- Train staff. Ensure clerks, admins, and contractors understand accessibility basics.
- Choose the right vendor. Work with partners who build ADA compliance into every update.
- Document your efforts. If you’re audited, showing progress and planning matters.
ADA Title II isn’t just about compliance. It’s about community trust and transparency. By making your digital services accessible, you’re proving to residents that their voice and participation matter. The sooner you start, the smoother the process will be.