Government/State Agencies

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ADA Apply on Federal, State & Local Government websites?

 

The Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability in places of public accommodation and by state and local governments.

  • Title II of the ADA applies to state and local government entities, prohibiting discrimination on the basis of disability in access to the services, programs, and activities they offer.
  • Title III of the ADA prohibits discrimination on the basis of disability in places of public accommodation.

If information or tools on a state or local government’s website are available to the public but are not available to some people with disabilities because they aren’t accessible, that is in violation of the rights afforded by the ADA.

Increasingly, the consensus is that the ADA applies to websites. This point was well-stated in the opinion’s summary in recent advancements in the Domino’s pizza accessibility case: “[T]he panel stated that the ADA applies to the services of a public accommodation, not services in a place of public accommodation.”