Does the ADA Title II (State & Local Government) apply to my business?

It applies to US state and local government entities (cities, counties, public schools and school districts, community colleges, courts, transit agencies) plus vendors whose web content and mobile apps they procure. Limited exceptions exist for archived content, pre-existing electronic documents, and third-party content, but they are narrow: anything currently used to apply for, access, or participate in services must conform. Vendors are not directly regulated, but public entities pass the requirement through procurement contracts.

Which WCAG version does the ADA Title II (State & Local Government) require?

The referenced standard is WCAG 2.1 AA, named explicitly in the DOJ regulation, the first time a specific technical standard is written into an ADA rule. WCAG versions are backwards-compatible, so building to the current WCAG 2.2 AA satisfies the older versions laws cite and protects you as standards are updated.

Does an accessibility overlay or widget make me compliant?

No. Overlay widgets inject a script that tries to repair issues in the browser at display time. Regulators and courts have rejected this approach: the US FTC fined a leading overlay vendor $1 million in 2025 for deceptive compliance claims, the European Commission has stated overlays do not confer conformance, and hundreds of US lawsuits in recent years have been filed against sites that were running an overlay at the time. Real compliance means fixing your actual markup and keeping evidence that you did.

Can an automated scan alone make me compliant?

Not by itself, and any vendor claiming otherwise is misleading you. Roughly a third of WCAG success criteria can be checked by a machine, though those criteria account for the majority of violations found in real audits by volume. An automated scan is the fastest way to find and fix the bulk of your issues and to prove ongoing diligence, but full conformance also requires human judgment for things like alt-text quality, logical reading order, and form error recovery. The strongest position combines automated monitoring with a periodic manual audit.

ADA Title II (State & Local Government): website compliance, explained

The ADA Title II (State & Local Government) applies to US state and local government entities (cities, counties, public schools and school districts, community colleges, courts, transit agencies) plus vendors whose web content and mobile apps they procure. It has been in force since April 2026 for entities serving populations of 50,000 or more; entities under 50,000 and special district governments have until April 24, 2027.

The technical benchmark is WCAG 2.1 AA, named explicitly in the DOJ regulation, the first time a specific technical standard is written into an ADA rule. In practice, that means your site must be perceivable, operable, understandable, and robust for users with disabilities, from screen-reader users to keyboard-only navigation to low-vision users who need sufficient color contrast.

Timeline and current status

The DOJ published the final rule in April 2024. Compliance became mandatory in April 2026 for public entities serving 50,000+ people, and the deadline for smaller entities and special district governments is April 24, 2027, demand that is already written into law. Analysts cite this rule, alongside the EU's EAA, as a primary demand driver for the accessibility ecosystem.

What enforcement actually looks like

Direct Department of Justice enforcement plus private lawsuits under Title II. Unlike most web-accessibility law, this rule has fixed calendar deadlines, and procurement contracts increasingly require documented WCAG 2.1 AA conformance today.

What WCAG requires, in plain terms

WCAG (Web Content Accessibility Guidelines) is organized around four principles: content must be perceivable (e.g. images have text alternatives, text has sufficient contrast), operable (everything works with a keyboard, users have enough time, nothing traps focus), understandable (pages are readable, predictable, and help users avoid mistakes), and robust (markup is parseable by assistive technologies like screen readers). Each guideline has testable success criteria at three levels: A (minimum), AA (the level essentially every law references), and AAA (aspirational). Conformance at AA means meeting all A and AA criteria. The current version is WCAG 2.2, published in October 2023, which added nine criteria to WCAG 2.1, including minimum target sizes for buttons and links, visible focus indicators, and easier authentication.

The violations that actually show up on real sites

Across the millions of pages tested in large-scale studies like WebAIM's annual survey of the top one million homepages, the same handful of failures dominate: low-contrast text (found on roughly four out of five homepages), images missing alternative text, form inputs without labels, empty links and buttons, and missing document language. In our own scans of e-commerce sites, we also routinely find keyboard traps in carousels and mega-menus, focus indicators removed with CSS, modal dialogs that screen readers never announce, and touch targets far below the 24 by 24 pixel minimum WCAG 2.2 requires. Most of these are cheap to fix individually. The expensive part is finding them all and keeping them fixed as the site changes, which is exactly what automated monitoring is for.

Why overlays and widgets don't help

Regulators on both sides of the Atlantic have rejected overlay widgets as a compliance shortcut. The US FTC fined a leading overlay vendor $1M in 2025 for deceptive 'one-line-of-code compliance' claims, and the European Commission has stated overlays do not confer conformance. Compliance means fixing your actual markup, and being able to prove you did.

What a defensible position looks like

Enforcement bodies and plaintiffs' lawyers respond to evidence: a documented scan history, a prioritized remediation log, and visible progress. A site with a timestamped record of continuous scanning and fixing is in a categorically stronger position than one with no paper trail, even at the same level of technical conformance. That evidence trail is also what an accessibility statement, a VPAT, or a response to a demand letter gets built from.

Compliance checklist

Run an automated WCAG scan of your key pages (home, product/service, checkout or contact)
Fix critical and serious violations first, since these carry the most legal and usability weight
Keep a dated log of what was found and what was fixed
Re-scan on a schedule; every deploy and CMS edit can introduce regressions
Add a manual audit for the criteria automation can't check (roughly two-thirds of WCAG)
Publish an accessibility statement describing your conformance status and contact route

Frequently asked questions

Does the ADA Title II (State & Local Government) apply to my business?: It applies to US state and local government entities (cities, counties, public schools and school districts, community colleges, courts, transit agencies) plus vendors whose web content and mobile apps they procure. Limited exceptions exist for archived content, pre-existing electronic documents, and third-party content, but they are narrow: anything currently used to apply for, access, or participate in services must conform. Vendors are not directly regulated, but public entities pass the requirement through procurement contracts.
Which WCAG version does the ADA Title II (State & Local Government) require?: The referenced standard is WCAG 2.1 AA, named explicitly in the DOJ regulation, the first time a specific technical standard is written into an ADA rule. WCAG versions are backwards-compatible, so building to the current WCAG 2.2 AA satisfies the older versions laws cite and protects you as standards are updated.
What are the penalties for non-compliance?: Direct Department of Justice enforcement plus private lawsuits under Title II. Unlike most web-accessibility law, this rule has fixed calendar deadlines, and procurement contracts increasingly require documented WCAG 2.1 AA conformance today.
Does an accessibility overlay or widget make me compliant?: No. Overlay widgets inject a script that tries to repair issues in the browser at display time. Regulators and courts have rejected this approach: the US FTC fined a leading overlay vendor $1 million in 2025 for deceptive compliance claims, the European Commission has stated overlays do not confer conformance, and hundreds of US lawsuits in recent years have been filed against sites that were running an overlay at the time. Real compliance means fixing your actual markup and keeping evidence that you did.
Can an automated scan alone make me compliant?: Not by itself, and any vendor claiming otherwise is misleading you. Roughly a third of WCAG success criteria can be checked by a machine, though those criteria account for the majority of violations found in real audits by volume. An automated scan is the fastest way to find and fix the bulk of your issues and to prove ongoing diligence, but full conformance also requires human judgment for things like alt-text quality, logical reading order, and form error recovery. The strongest position combines automated monitoring with a periodic manual audit.