Michael Herbert, Esq., Shareholder, and Alexis Smith, Esq., Associate, Municipal and Government, Parker McCay P.A. discuss understanding the 
Department of Justice’s final rules and what they mean for your municipality in 2026 and beyond.
In our world, the internet has become an indispensable resource. We have information at our fingertips—including information shared by local governments on their websites. In just a few clicks, residents can access meeting agendas, the municipal code, public notices, their water bill, and everything in between. Residents can participate in public meetings remotely or watch recorded meetings. Access to information through local government websites has become the norm and has significantly increased public participation in local government.
Yet many with disabilities are unable to effectively gather information and participate in this new online world, because they cannot effectively access local government websites. While many websites provide some form of accessibility, they often remain ineffective for individuals with certain types of disabilities, require much more effort by the reader to digest the material, or convey the information in a more cumbersome fashion.
The Americans with Disabilities Act (ADA) requires local governments to provide equal access to services, programs, and activities to people with disabilities. In April 2024, the Department of Justice adopted updated regulations for Title II of the ADA. As explained below, those regulations seek to address the gaps in accessibility for state and local government websites for those with disabilities.
The Regulations
The regulations, titled “Nondiscrimination on the Basis of Disability; Accessibility of Web Information and Services of State and Local Government Entities” (28 CFR Part 35– Subpart H), apply to all public entities covered by Title II of the ADA.
This includes state and local governments, as well as subsidiary departments agencies, instrumentalities, and special district governments.
Special district governments include entities such as utility authorities, fire districts, or transit authorities. Notably, the regulations apply to all web content and apps that a public entity provides or makes available. This means that the regulations also apply to web content and apps that the public entity makes available via contracts with vendors, partners, or through any other arrangement.
While the regulations were effective in June 2024, the compliance dates are different based on the size of the public entity:
• April 24, 2026 for public entities with populations greater than 50,000 people
• April 26, 2027 for public entities with populations less than 50,000 people and special district governments.
• For entities like police departments or libraries, the compliance date is based upon their municipality’s population
At their core, these regulations require public entities to make all of their web content and apps readily accessible and usable by individuals with disabilities by conforming to the World Wide Web Consortium’s (W3C) Web Content Accessibility Guidelines (WCAG) 2.1 Level AA requirements, a universal technical standard for web accessibility.
Public entities may also provide accessibility by using alternative designs, technologies, and methods that provide substantially equivalent or greater access to users with disabilities as compared to those without.
What It Looks Like
Some examples of the applicable WCAG 2.1 Level AA standards include the following:
• All recorded video with sound has accurate closed captions.
• Detailed instructions should not be reliant on a single sensory ability.
• Input fields should provide autocomplete option in browsers and assistive technologies can help guide and facilitate input.
• Websites can be zoomed in without requiring horizontal scrolling or causing a poor experience.
• If a user is submitting important information (legal, financial, etc.), the webpage should provide a way to reverse, correct, or review the transaction or submission.
Five Exceptions
There are five limited exceptions for when information on public entities’ websites and apps do not have to comply with the WCAG 2.1 Level AA standard.
1. Archived web content.
2. Preexisting conventional electronic documents, such as PDFs that were available before the compliance date.
3. Content posted by a third party that was not posted due to contract, licensing, or other arrangements with the public entity.
4. Individualized, secured conventional documents, such as the PDF version of an online water bill.
5. Preexisting social media posts, meaning social media posts made before the compliance date.
Like many other ADA requirements, even when an exception applies, the public entity may still need to provide an accessible alternative to ensure effective communication and equal access when requested by an individual.
Right Around the Corner
For some local governments, these requirements are right around the corner. Even for the smaller public entities that have until April 2027 to comply, the affected entities should take an inventory of their web content and resources to determine what information must be made accessible. Local governments should also have an open dialogue with their contractors, vendors, and professionals to ensure that those who will be responsible for making web content accessible are aware of the requirements, and how they should be implemented.
Even though these regulations may impose a burden on local public entities, these standards are a large step forward toward ensuring that those with disabilities have equal access to information, services, and programs offered by their state and local governments and other public entities via websites and apps.
For comprehensive guidance on what these regulations mean for your local government and public entity, visit www.ada.gov.