ADA Title II: How Does the New Ruling Affect You?
Alongside many conversations surrounding accessibility legislation this year, the publishing industry should also be aware of the new ADA Title II ruling from the United States which was announced in April 2024. Many organizations working within the publishing ecosystem are not sure of the details of this new ruling and what the implications might be. This article considers some of the relevant points within the legislation and references further resources which might be of help to our readers. This is our interpretation only and publishers should perform their own research to fully establish its relevance to their work.
What is Title II?
Title II of The Americans with Disabilities Act (ADA) “requires state and local governments to make sure that their services, programs, and activities are accessible to people with disabilities. Title II applies to all services, programs, or activities of state and local governments, from adoption services to zoning regulation. This includes the services, programs, and activities that state and local governments offer online and through mobile apps.”
As many state and government agencies publish documentation via the internet and mobile apps, it is vital that these are accessible to everyone.
What Is Being Required in the Updated Ruling?
The ruling requires that state and local governments’ web content and mobile apps meet WCAG Version 2.1, Level AA.
The Web Content Accessibility Guidelines is an international technical standard maintained by the W3C.
Who Does the New Ruling Affect?
The Ruling Applies to…
State and local governments and the following are examples of those who this includes:
- State and local government offices that provide benefits and/or social services, like food assistance, health insurance, or employment services
- Public schools, community colleges, and public universities
- State and local police departments
- State and local courts
- State and local elections offices
- Public hospitals and public healthcare clinics
- Public parks and recreation programs
- Public libraries
- Public transit agencies
And in Terms of the Publishing Industry?
In terms of the publishing industry this new ruling clearly applies to library and educational content but it does indeed have wider implications for all published content.
This is also true of the international publishing community who may be selling into libraries and educational organizations in the US. The ruling is very clear about 3rd party content that is used in state and local government organizations:
“Specifically, the rule states that any digital content that a public entity “provides or makes available” to users must meet accessibility standards, whether this content is provided directly by the public entity (e.g., published to a government’s own website) or by a third-party organization as part of a contractual, licensing, or other agreement.”
Taken from – ADA Title II Updates: The DOJ’s New Rule: Level Access Blog
What is the Timing?
The deadlines set for content to meet the required technical standard vary according to the size of the organization. How to determine the size of certain organizations who should be complying with this ruling is explained within the legislation. Some departments will need to comply by April 2026 with small organizations being allowed an extra year.
Are There Any Exceptions?
There are some exceptions which are highlighted in detail within the ruling and publishers should check carefully before assuming that their content falls into any of these categories. There are, however, exceptions for some content in the following areas:
- Archived web content
- Preexisting conventional electronic documents
- Content posted by a 3rd party where the 3rd party is not posting due to contractual, licensing or other arrangements with a public entity
- Individualized documents that are password protected
- Pre-existing social media posts
What Hasn’t Changed?
Importantly, this new ruling does not fundamentally change any part of the existing Title II ruling :
“The exemptions in the updated regulation do not override the existing obligations that public entities have under Title II to make reasonable modifications, and provide effective communication on an individual basis. This means that libraries still need to make accessible material available upon request, even if the web content is subject to an exception.”
Association of Research Libraries
How Can You Learn More?
Meeting the ADA Title II Web and Mobile Accessibility Requirements: A Roadmap for State and Local