ADA Title II — Public Entity Accountability
Holding state and local governments accountable for making programs, services, and facilities accessible to people with disabilities.
Title II of the ADA requires that state and local governments provide people with disabilities equal access to programs, services, and activities. This includes physical facilities, websites, voting systems, transportation, emergency services, and any service offered to the public. In April 2024, the DOJ published an Interim Final Rule establishing WCAG 2.1 AA as the technical standard for state and local government websites — with compliance deadlines as early as April 2026 for large entities. Unlike Title III (private businesses), Title II provides for both injunctive relief and compensatory damages.
Available from all four offices: San Juan, Los Angeles, Chicago, and Houston.
What Title II Covers
Title II applies broadly to all operations of state and local government entities, including:
- Municipal buildings, courthouses, and government offices
- Public parks, recreation facilities, and community centers
- Public transportation systems
- Government websites and digital services
- Voting facilities and election processes
- Public schools and educational programs
- Emergency preparedness and response
The DOJ's New Digital Accessibility Rule
The Department of Justice's April 2024 Title II rule is the first federal regulation to establish specific technical standards for government website accessibility. It requires WCAG 2.1 Level AA conformance, with compliance deadlines of April 2026 for entities serving populations of 50,000 or more, and April 2027 for smaller entities. This rule creates new enforcement opportunities and strengthens existing claims against non-compliant government websites.
State Laws Filling the Gap
Several states have enacted their own digital accessibility requirements that go beyond federal mandates. California, Illinois, and other states have laws requiring state and local government websites to meet accessibility standards. These state laws often provide additional remedies or enforcement mechanisms beyond what Title II offers, creating parallel enforcement paths.
Remedies Available
Title II claims may result in injunctive relief requiring the government entity to become accessible, compensatory damages for the harm you experienced, and attorney fees. The standard mirrors Section 504 of the Rehabilitation Act, providing broader remedies than Title III private-sector claims.