ADA Title II: What Local Government Entities Need to Know About Digital Accessibility

When most people hear “ADA compliance,” they think of wheelchair ramps or accessible parking. But under Title II of the Americans with Disabilities Act (ADA), accessibility goes far beyond physical spaces—it also applies to websites, online services, documents, and digital tools operated by state and local governments.

If your organization is a city, county, township, school district, public university, library, or any other local government entity, ADA Title II applies to you, and digital accessibility is not optional.

What Is ADA Title II?

ADA Title II prohibits discrimination on the basis of disability by state and local government entities, regardless of whether they receive federal funding.

This includes:

• Cities and counties

• Municipal agencies

• Public school districts

• State colleges and universities

• Public libraries

• Transit authorities

• Courts and law enforcement agencies

• Public health departments

Title II requires that all services, programs, and activities offered by these entities be accessible to people with disabilities.

Today, many of those services are delivered digitally.

How Title II Applies to Websites and Digital Services

Under Title II, websites and digital content are considered part of a public entity’s services. That means residents must be able to:

• Access information on your website

• Complete online forms

• Read public notices and documents

• Register for programs or events

• Watch videos and access media

• Use online portals and self-service tools

…with or without assistive technology.

If a person with a disability cannot use your website or digital service, the entity may be out of compliance with ADA Title II.

What Accessibility Standards Apply?

While the ADA itself does not list technical requirements, the Department of Justice (DOJ) and federal courts consistently reference the Web Content Accessibility Guidelines (WCAG) as the accepted standard.

Most public entities are expected to meet:

• WCAG 2.1 or 2.2 Level AA

These guidelines address accessibility for:

• Screen reader users

• Keyboard-only users

• Users with low vision

• Users with color blindness

• Users with cognitive or motor disabilities

Common Title II Digital Accessibility Issues

Local entities frequently struggle with:

• PDFs that are not tagged or readable by screen readers

• Online forms without labels or error messaging

• Poor color contrast on text and buttons

• Missing alternative text for images

• Navigation that cannot be used with a keyboard

• Videos without captions or transcripts

• Inaccessible third-party tools or embedded widgets

Even if these issues are unintentional, they can still result in ADA violations.

Do Third-Party Tools Create Liability?

Yes.

If your organization uses:

• Vendor-provided portals

• Scheduling tools

• Payment systems

• Document hosting platforms

• Embedded maps or widgets

You are still responsible for ensuring equal access.

Title II does not allow public entities to shift responsibility to vendors.

Enforcement and Legal Risk

ADA Title II is enforced by:

• The U.S. Department of Justice

• State civil rights agencies

• Private complaints and lawsuits

Consequences may include:

• DOJ investigations

• Consent decrees

• Mandatory remediation

• Monitoring and reporting requirements

• Legal costs and reputational damage

Importantly, public entities do not need to be sued to be found non-compliant—a complaint alone can trigger enforcement.

What About Reasonable Accommodations?

Title II requires public entities to provide reasonable accommodations, but this does not mean you can rely on alternatives like:

• “Call us for assistance”

• “Email for accessible versions”

• Manual workarounds

The DOJ has made it clear that separate or delayed access is not equal access when digital accessibility can reasonably be achieved.

What Local Entities Should Do Now

To reduce risk and better serve the public, local entities should:

1. Conduct a WCAG accessibility audit of websites and digital services

2. Remediate identified issues with clear timelines

3. Fix inaccessible PDFs and documents

4. Train staff on accessible content creation

5. Establish an accessibility policy and governance process

6. Monitor accessibility on an ongoing basis

Accessibility is not a one-time project—it’s an ongoing responsibility.

Accessibility Is Public Service

At its core, ADA Title II is about ensuring everyone in your community can access public services, regardless of ability.

An accessible website:

• Improves usability for all residents

• Reduces legal and compliance risk

• Increases trust and transparency

• Demonstrates a commitment to inclusion