Digital Accessibility Rules Are Now Clear – Is Your Public Entity Ready?

Jul 08 2025

The U.S. Department of Justice has finalized new digital accessibility rules under Title II of the Americans with Disabilities Act (ADA). For the first time, state and local governments have a clear technical standard to follow and fixed deadlines to meet.

“The rule, which clarifies the standards for making mobile apps and websites accessible, is vital to people’s ability to use and benefit from public programs and services.” — Acting Associate Attorney General Benjamin C. Mizer

Whether you're a city, county, school district, transit authority, or special-purpose district, these requirements apply to your websites, mobile apps, and any digital content provided by third parties on your behalf.

Key Dates to Know:

• Jurisdictions serving 50,000+ people: April 24, 2026

• All others (under 50,000 or special districts): April 26, 2027

The technical benchmark is WCAG 2.1 Level AA, covering critical accessibility issues like color contrast, keyboard navigation, text spacing, and video captions.

Awareness Is Still Low — But Legal Risk Is High

Despite this new clarity, many risk managers and public-sector leaders are still unaware of their obligations, and that’s creating unnecessary exposure.

Accessibility-related legal actions are on the rise, and they’re relatively easy to file. A demand letter costs little to generate, but defending even one claim can cost a public entity $25,000–$100,000+ in legal fees, staff time, and remediation. That’s before factoring in potential settlements or repeated claims from other parties.

Public Entities Are Already Being Held Accountable

These aren’t just hypothetical risks. Enforcement is already happening, and the following cases show how courts and regulators are responding:

Louisiana (2025): A blind individual filed a lawsuit against the state over multiple inaccessible government-run websites. The state attempted to dismiss the claim on the grounds that DOJ deadlines hadn’t yet passed — but the court disagreed. The judge ruled that existing ADA protections still apply, even without the new technical deadlines in effect.

https://www.lflegal.com/2025/02/louisiana-web-case/ (opens in a new window)

Oklahoma (2024): The DOJ reached a public settlement with a state agency regarding its inaccessible mobile app, confirming that accessibility rules extend beyond websites to apps and digital tools.

https://adasitecompliance.com/oklahoma-agency-doj-settled-inaccessible-mobile-app/ (opens in a new window)

Local Government Fines: Several local governments have faced fines up to $75,000 for first-time violations, and up to $150,000 for repeat offenses under state-level ADA enforcement.

https://www.civicplus.com/blog/wa/local-governments-facing-ada-accessibility-fines/ (opens in a new window)

“This final rule marks the Justice Department’s latest effort to ensure that no person is denied access to government services…” — Attorney General Merrick B. Garland, April 8, 2024

A Risk Issue, Not Just a Tech Task

Too often, digital accessibility is handed off to web or IT teams. But they can't control all the content added to your websites and apps, especially in organizations where multiple departments, contributors, or third parties are involved.

Entities making real progress treat accessibility as a risk and compliance issue, not just a technical one. They involve legal, operations, comms, and leadership early in the process.

This shift toward a proactive, managed approach is reducing the cost of compliance and helping organizations avoid the ongoing distraction and disruption of ADA complaints.

Start with a Free Accessibility Check

Whether you manage a single site or oversee a pool or captive, understanding your current position is key.

Start with a no-cost accessibility audit at:

https://aaatraq.com/check/ (opens in a new window)

It only takes a few minutes and gives you a clear snapshot of your current accessibility status, so you can plan your next steps with confidence.

Further Resources

For more on the DOJ’s final rule and compliance guidance, visit:

https://www.schwabe.com/publication/digital-accessibility-requirements-for-public-entities (opens in a new window)

To view the DOJ's full official rule:

https://www.justice.gov/archives/opa/pr/justice-department-publish-final-rule-strengthen-web-and-mobile-app-access-people (opens in a new window)

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