DOJ Title II Rule

1
DOJ Title II Rule
2
The Ultimate Guide to the DOJ Title II Rule
Making Government Digital Services Accessible
The Americans with Disabilities Act (ADA) has
been a cornerstone in transforming public life
for individuals with disabilities by ensuring
equal access to physical spaces, services, and
opportunities. However, as our society
increasingly moves online, the digital landscape
presents a new frontier of challenges. This
article will guide the DOJ Title II rule for
making Government digital services accessible
for individuals with disabilities. Despite the
ADAs groundbreaking impact, many government
websites and mobile apps remain inaccessible. It
creates barriers to essential information and
services for people with disabilities. It limits
access and undermines ADA principles of equality
and inclusivity. The solution lies in web
accessibility to foster a more inclusive society
where everyone, irrespective of their abilities,
can independently and equally access important
information and services. It includes activities
like applying for permits and engaging in
community programs. The Department of Justice
(DOJ) has played an integral role in enforcing
ADA compliance for state and local government
entities. Read on to learn more about this, and
the new regulations to enhance web
accessibility. Maintaining web compliance can be
complex, but it is necessary for compliance and
to create an inclusive digital environment. We
at ADA Site Compliance can make web accessibility
easier for you. We ensure your websites and
mobile apps meet all legal requirements
efficiently, bridge the accessibility gap, and
demonstrate your commitment to inclusivity.
3

• Accessibility Standards What You Need To Know
• The DOJ Title II Rule clearly defines accessible
  web content and mobile apps.
• The regulation adopts Website Compliance
  Accessibility Guidelines (WCAG) 2.1 Level AA to
  ensure digital content is perceivable, operable,
  understandable, and robust for users with
  disabilities.
• These guidelines list the requirements for web
  compliance that include using alt text
  descriptions for images, providing keyboard
  accessibility for navigation, and using clear
  language to enhance comprehension.
• The state and local governments create truly
  inclusive digital platforms through the WCAG
  like
• Alternative text descriptions that allow screen
  readers to understand visual content
• Keyboard accessibility for individuals with motor
  disabilities to navigate websites without a
  mouse.
• Clear and straightforward language that makes
  information easier and more accessible to users
  with cognitive disabilities.
• Affected Parties
• The new DOJ rule majorly impacts United States
  state and local government entities. According to
  the Department, about 109,893 state and local
  government websites and 8,805 mobile applications
  face the impact.

4

• The Implementation Process
• In addition to setting accessibility standards,
  the DOJ Title II Rule also outlines its
  implementation process. First and foremost,
  users with disabilities can legally file
  complaints with the DOJs Civil Rights Division
  if they encounter inaccessible web content or
  mobile apps.
• The rule itself does not specify penalties.
• The DOJ investigates these complaints and
  accordingly pursues injunctive relief for
  compliance. So non-compliant public entities may
  be legally required to make their digital
  platforms accessible.
• The DOJ also provides the following support to
  help state and local governments implement new
  regulations for a smooth transition into
  compliant digital platforms
• Technical assistance
• Online resources
• Training sessions
• Webinars to help entities understand and meet
  accessibility requirements.
• Key Provisions of the New Rule

5

• Specific Exceptions from Compliance
• As entities begin to navigate this process,
  understanding the specific exceptions from
  compliance becomes crucial. Yes, it is after
  recognizing the potential challenges in some
  cases, that the DOJ has outlined five exemptions
  where compliance is not mandatory
• Archived Web Content
• Websites containing archived materials like old
  meeting minutes or historical documents are often
  no longer actively used. So they are exempt from
  the compliance requirement unless someone with a
  disability makes a request.
• Preexisting Conventional Electronic Documents
• Any old documents created and stored for
  reference on a website are exempt from
  compliance. However, old documents presently
  used for application, gaining access to, and
  participation in any public entitys service,
  program, or activity must meet accessibility
  requirements.
• Third-Party Content
• Any content posted by third parties is exempt
  from the compliance requirements unless posted on
  behalf of the public entity as per contractual,
  licensing, or other arrangements. This exemption
  is because public entities have no control over
  content generated on their platform by
  independent third parties.
• Password-Protected Conventional Electronic
  Documents
• Password-protected or secured documents, related
  to a specific individual, their property, or
  their account, are exempt from compliance. It is
  to protect sensitive personal information and the
  challenges in making such content accessible.

6

• Estimated Costs for Digital Accessibility
• With substantial costs associated with
  implementing the new rule, the DOJ has provided
  estimates to help entities assess their
  potential financial burden of compliance. The
  annual costs over a decade are estimated to be
  between 3.3 billion and 3.5 billion, at 3 and
  7 discounted rates, respectively. These costs
  include
• Implementation Costs
• The first three years of implementation costs to
  ensure digital platforms are accessible to
  everyone may approximately cost 16.9 million
  (undiscounted). These costs include cost for
• Updating websites and mobile applications to meet
  WCAG 2.1 standards
• Staff training
• The necessary tools and technologies
• Ongoing Maintenance Costs
• In addition to the initial implementation period,
  the projected annual OM costs for the next seven
  years, are 2.0 billion. These ongoing expenses
  cover the costs to ensure digital content remains
  accessible and compliant with WCAG 2.1 and
  include
• Regular audits

7

• Repercussions of Non-Compliance
• Digital accessibility is mandatory to ensure
  everyone can access digital content and mobile
  apps. It lets all internet users have no
  difficulties accessing essential information and
  services.
• With it playing such an important role,
  non-compliance comes with its repercussions. Web
  developers and website owners who do not ensure
  their digital content is compliant face the
  following consequences
• 1. Legal Consequences
• Public entities may face lawsuits from
  individuals or advocacy groups, making them meet
  accessibility standards. Non-compliance with the
  new DOJ rule can lead to significant legal
  ramifications resulting in
• Substantial fines
• Legal fees
• Exorbitant lawsuits
• Other associated costs
• These legal actions can leave a considerable
  financial burden on public institutions.

8

• Reputation and Trust
• Non-compliance can lead to public outcry and a
  loss of trust, thus severely damaging an entitys
  reputation, especially among individuals with
  disabilities and advocacy groups. The loss of
  trust can have long-lasting effects, especially
  amongst people with disabilities and advocacy
  groups, as they lose confidence in the entitys
  commitment to inclusivity and equal access.
• Besides, a damaged reputation can also impact the
  entitys ability to serve its community.
• Operational Challenges
• Legal battles and the need for urgent compliance
  measures can disrupt the public entitys
  operations. The diversion of resources and
  attention from other critical projects to address
  the accessibility issues can lead to operational
  inefficiencies and reduce the overall
  effectiveness of the entitys services.
• In short
• The DOJ Title II Rule ensures digital
  accessibility and equality for individuals with
  disabilities. The clear standards and
  enforcement mechanisms set a national precedent
  for digital inclusion.
• However, the field of digital accessibility
  continually evolves as technology advances. The
  DOJ has to constantly update the guidelines and
  requirements per the latest practices and
  innovations.
• To stay compliant and foster an inclusive digital
  environment, state and local governments, web
  developers, and designers must remain informed
  about these changes.
• Regular reviews and updates for digital content
  and platforms according to the latest
  accessibility standards ensure everyone has
  equal access to their content. This dedication to
  accessibility contributes to creating a more
  inclusive society where everyone can participate
  fully in public life.

https//adasitecompliance.com/ultimate-guide-doj-t
itle-ii-rule-making-government-digital-services-ac
cessible/
9
ADA Site Compliance
Website Digital Accessibility Solutions
https//adasitecompliance.com/
8401 Lake Worth Rd Lake Worth, FL
33467 info_at_adasitecompliance.com (561)
258-9300 https//www.facebook.com/ADAsitecomplian
ce/ https//twitter.com/siteCompliance https//ww
w.instagram.com/adasitecompliance/
https//www.linkedin.com/company/adasitecompliance
/ https//www.youtube.com/channel/UCCf20J8_Uf2S4KG
nq2uAo2A