The Americans with Disabilities Act (ADA) is meant to ensure that people with disabilities can fully participate in all aspects of civic life. Under Title II, all state and local governments must follow the ADA regardless of their size.

Public entities are providing access to more and more government services through web and mobile apps. For example, government websites and mobile apps often allow the public to obtain information to correspond with local officials, pay fines, apply for state benefits, renew state-issued identification, register to vote, file taxes, and request copies of vital records. Yet, many state and local government entities' web and mobile app services are not accessibly designed. As a result, these web and mobile app services are not equally available to people with disabilities.

The Department of Justice (DOJ) is proposing to revise the regulation implementing Title II of the ADA. The proposed rule would establish specific requirements aimed to improve accessibility of services, programs, and activities offered by state and local government entities to the public through the web and mobile apps.

For example, if a local government lets people pay for parking using a mobile app, the mobile app will have to comply with the specific requirements adopted through the rule change.

DOJ is proposing the adoption of Web Content Accessibility Guidelines (WCAG) Version 2.1, Level AA (w3.org/TR/WCAG21/) as the technical standards that state and local governments would need to follow for web content and mobile apps.

DOJ is currently accepting public comment on this proposed rule. Public comment is due by October 3, 2023.

More information on the proposed rule is available on the Regulations.gov website (regulations.gov/document/DOJ-CRT-2023-0007-0001)

How to Submit Public Comment

You may submit comments, identified by RIN 1190–AA79 (or Docket ID No. 144), by any one of the following methods:

• Federal eRulemaking Website (www.regulations.gov). Follow the website's instructions for submitting comments.
• Regular U.S. Mail: Disability Rights Section, Civil Rights Division, U.S. Department of Justice, P.O. Box 440528, Somerville, MA 02144.
• Overnight, Courier, or Hand Delivery: Disability Rights Section, Civil Rights Division, U.S. Department of Justice, 150 M St. NE, 9th Floor, Washington, DC 20002.