New regulations under ADA will require some municipalities to implement changes by Spring 2026

In April 2024, the Department of Justice adopted new regulations under ADA Title II that provide comprehensive technical requirements for public entities to make their websites and mobile apps accessible to individuals with disabilities. These new regulations are housed in 28 C.F.R. Part 35, Subpart H. This is the first time that specific technical standards for digital content have been added to Title II. Previously, the accessibility requirements for digital content were unclear and informal, which resulted in varied legal precedents.

The new regulations adopt the Web Content Accessibility Guidelines (WCAG) Version 2.1 Level AA, to provide minimum accessibility standards for public entities’ web content and mobile apps. However, cities may choose to follow a higher standard, as WCAG 2.2 is already available.

Cities will need to keep compliance deadlines in mind. Public entities with a population of 50,000 or more must achieve compliance by April 24, 2026, and the deadline for public entities with a population of 49,999 or less is April 26, 2027.

For many small municipalities with outdated or unsophisticated websites, these new regulations may require some sizable changes. We recommend discussing the new ADA requirements with your legal counsel and tech support for guidance on remaining compliant.