The legal debate concerning website and app accessibility for those who are visually and hearing impaired has been ongoing for at least a decade. Accessibility is accomplished with software coding embedded in the base structure of a website/app providing an audio description of visual content and a visual explanation of audio content. The software and tech support are now widespread and common.

Legally, the general rule now is that, if a website or app is used to “drive traffic” to a physical location, then the website or app must be accessible to the visual/hearing impaired. This is a compromise related to the federal Americans with Disabilities Act (“ADA”) which prohibits discrimination in public accommodations. If a store or restaurant, for example, invites the public to enter and enjoy their premises, then the premises must be accessible to those, for example, who cannot walk.

The legal debate has centered around the fact that the ADA speaks in terms of physical locations. Of course, websites and apps are not physical locations, existing as they do on the internet and on wireless connectivity. So, the legal question was whether the ADA applies to websites. As noted above, the answer is “no” unless the website (or app) has a direct and significant connection to a physical location. Driving consumer traffic to a physical location is an example.

These legal rules have now applied to private businesses for a decade or more in some locations. Now, the federal Department of Justice (“DOJ”) has passed a Final Rule applying the web accessibility legal rules to State and county governments. See the fact sheet here. By mid-2026 (or, in some cases, by early-2027), State and county websites and apps must be web-accessible.

The DOJ’s Final Rule fits squarely within the legal rules described above. State and county governments provide a number of important services which are generally located at various physical places in the community. Further, and maybe most importantly, as governmental entities, these physical locations are places where people can — and do — exercise various constitutionally protected rights like those of speech, assembly, and petitioning. Voting is another essential and important task that is associated with physical locations. Thus, under the legal principles set forth above, it is reasonable for the DOJ to require web and app accessibility for State and county governments. The web and app content is definitely used to direct residents to physical locations where important activity occurs.

Another legally interesting aspect of the new DOJ Final Rule is that it mandates use of certain privately-created and maintained technical standards. These are called the Web Content Accessibility Guidelines (WCAG). Moreover, the DOJ Final Rule requires use of WCAG Version 2.1, Level AA. In the past, there have been legal debates about whether such privately-created standards are appropriate for use in ADA litigation. The courts have generally rebuffed such arguments. Likely, the new DOJ Final Rule solidifies the WCAG as the proper standard.

Contact the Web Accessibility Attorneys at Revision Legal

For more information, contact the experienced Web Accessibility Lawyers at Revision Legal. You can contact us through the form on this page or call (855) 473-8474.