Understanding The Recent DOJ Ruling: Why Digital ADA Standards Matter To Everyone

The Americans with Disabilities Act (ADA) is a cornerstone of civil rights legislation and was originally enacted to ensure equal access to public spaces for individuals with disabilities. In an increasingly digital world, ADA standards have moved beyond physical spaces to websites and mobile applications.

Recently, the Department of Justice (DOJ) issued a landmark ruling that significantly impacts ADA compliance for local governments and public entities. This ruling highlights the need for the public sector to prioritize digital accessibility to ensure online services and resources are available to all citizens, regardless of ability.

Understanding the DOJ Ruling

Digital accessibility in the public sector is about to undergo a major transformation. Let’s take a look at the key elements of this ruling and their implications.

Summary of the Ruling

In April 2024, the DOJ issued a final rule under Title II of the ADA, mandating that state and local government websites and mobile apps comply with the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA.

The ruling ensures that all public digital services and resources are accessible to people with disabilities.

Key Points

Who is Affected: Public entities, including state and local governments, school districts, special districts, and any third parties contracted to provide public services.

Examples in Affected Sectors: Government agencies’ websites, digital content, and mobile apps; online courses and resources for students; healthcare apps and websites; public transportation transit information, etc.

Compliance Requirements: Governments must make their digital content accessible within two years if they serve 50,000 or more people, and within three years if they serve fewer.

Technical Standards: All digital content and mobile apps must meet WCAG 2.1 Level AA standards.

WCAG is a set of internationally recognized guidelines for digital accessibility developed by the World Wide Web Consortium (W3C). These guidelines ensure content is Perceivable, Operable, Understandable, and Robust for all users, including those with disabilities who use assistive technology. Level AA is the middle tier of WCAG compliance, which should strike a balance between accessibility and feasibility for most websites.

Exceptions: Some types of content may be exempt from complying with WCAG 2.1, Level AA, but if a disabled resident requests access to a document, local governments must provide effective communication and reasonable modifications.

Examples of exceptions include:

• Archived web content
• Pre-existing conventional electronic documents
• Content posted by a third-party
• Individualized documents that are password-protected
• Preexisting social media posts

Read more about the exceptions here.

Why Digital ADA Standards Matter to Everyone

ADA-compliant digital content is not just a legal requirement now—it’s a key step towards creating a more inclusive society. Here’s why these standards are important for all of us:

Ensure Equal Access and Engagement

ADA standards play a vital role in leveling the digital playing field. By making websites and mobile apps accessible, you’re opening doors for people with disabilities to fully engage with government services, educational resources, and community information.

For example, screen reader compatibility allows visually impaired individuals to navigate websites independently, while closed captions on videos benefit those with hearing impairments. These features, mandated by ADA standards, ensure that everyone can access the same information and services, regardless of their abilities.

Improve Quality of Life

The impact of accessible digital services and content on the daily lives of individuals with disabilities cannot be overstated. When government websites and apps are ADA compliant, they provide access to:

• Emergency information and alerts
• Healthcare services and medical resources
• Educational materials and online learning platforms
• Public transportation schedules and booking systems
• Voting information and registration processes
• Financial reports and budget information
• Status of capital projects
• And much more

By making these essential services accessible, you’re not just complying with a law—you’re actively improving the quality of life for a portion of your population.

Mitigate Legal and Financial Risks

For public entities, compliance with ADA standards is also about protecting themselves against potential legal and financial consequences. Non-compliance can result in:

• Lawsuits and legal fees
• Damages awarded to plaintiffs
• Erosion of public trust

Tips For Compliance

Ensuring ADA compliance of digital content requires a proactive and ongoing approach. These recommendations are based on ClearGov’s expertise and do not reflect specific steps outlined in the DOJ ruling. However, they provide a strong foundation to help public entities meet digital accessibility standards.

Accessibility Audits

Conduct a third-party audit to identify and fix accessibility issues before the compliance deadline. This audit helps pinpoint content that must be updated to meet WCAG 2.1 Level AA standards. An audit might include checking for screen reader compatibility, color contrast issues, and navigational ease for users with disabilities. By addressing these issues early, you can avoid legal pitfalls and improve the user experience.

Training and Awareness

Educate staff and third-party contractors on ADA requirements and best practices. Training should cover the basics of digital accessibility, how to implement WCAG guidelines, and the importance of maintaining accessibility standards. Regular workshops and training sessions ensure everyone involved in content creation and maintenance understands their role in compliance.

When working with third-party contractors, be sure to ask whether their public-facing solutions are ADA-compliant or not. This will give you time to assess the tools you’re using and prepare in advance if you need to make any changes.

New Versus Existing Content

Implement WCAG 2.1 Level AA standards in all new digital content. Governments should familiarize themselves with the “exceptions” and work with their auditor to decide which archived and pre-existing content needs updating. This approach balances legal requirements with practical and cost considerations.

ADA Optimized Software

Use ADA-optimized software like ClearGov, which offers public-facing communication tools that are automatically ADA-compliant. Our software helps streamline the process of making digital content accessible and reduces the burden on your team. By integrating ClearGov’s budgeting and planning tools, you ensure ongoing compliance with minimal effort, so that you can focus on providing valuable services to your community.

The recent DOJ ruling highlights the importance of making digital content accessible to all citizens, regardless of ability. If you want peace of mind that your budgeting and planning documents are accessible and ADA-compliant, schedule a quick demo to see what ClearGov can do for your organization.