Are You Feeling Lucky?
In April 2024, the Department of Justice published new ADA Title II regulations asserting WCAG 2.1 AA as the standard for state and local digital platforms, with compliance deadlines beginning in April 2026 (read more at: ADA Title II: What the New Digital Accessibility Rule Means for Public Entities). With the current political situation in the United States, many people are wondering if the ADA will effectively ignore the new requirements and deadlines it set. What happens if the DOJ holds off on action? If you’re asking (or have been asked) questions like this, read on.
The answer lies in private litigation. Disability rights organizations and serial plaintiffs often fill the enforcement void left by the DOJ. Their lawsuits serve a powerful public oversight function, compelling compliance and spotlighting gaps that would otherwise remain unaddressed.
A growing wave of private enforcement
- Over 2,000 digital accessibility lawsuits were filed in the first half of 2025, spanning state and federal courts, demonstrate that plaintiffs aren’t hesitating to hold governments and businesses accountable (Source: UsableNet 2025 Midyear Digital Accessibility Lawsuit Report).
- State litigation is a real thing. A very large percentage of cases are filed in state courts, often in New York and California where laws favor plaintiffs, combined federal and state risks persist even if DOJ steps back.
Why DOJ silence doesn’t mean no enforcement
- DOJ often sets policy, but enforcement can lag. That silence doesn’t shield noncompliant entities.
- Courts consistently interpret “public entity” broadly. The Target.com case (National Federation of the Blind v. Target, 2006) involved private websites, and similarly, digital services from public bodies can be litigated under ADA.
- Courts, not just the DOJ, determine whether state and local websites, mobile apps, or kiosks qualify as “services, programs, or activities.”
Spotlight on state and local cases
While many high-profile lawsuits involve private businesses, disability rights groups increasingly target governments. Early challenges to city portals, transit ticketing apps, and public university platforms represent a strategic shift toward high-impact cases that affect millions and reinforce adherence to Title II WCAG 2.1 AA.
Mitigating litigation risk: a proactive path
Industry experts and legal analyses recommend proactive compliance steps, including:
- Audit and prioritize: Identify compliance gaps using WCAG 2.1 AA benchmarks.
- Policy and statement: Public commitments to accessibility establish clear expectations and action to back them up.
- Remediation roadmap: Document how digital assets will reach WCAG AA compliance.
- Monitoring: Continuous testing is essential, as compliance isn’t a one-time checkbox.
- Engagement: Train web teams, involve users with disabilities, and build awareness and trust.
- Structured negotiation: Many organizations avoid lawsuits by collaboratively resolving issues with plaintiffs, often achieving better outcomes than litigation alone. Attorney Lainey Feingold developed this approach, and she writes and speaks extensively about the legal aspects of accessibility.
The bottom line
If the DOJ delays enforcement, it’s not a free pass. Disability rights organizations will still pursue accountability via the courts. For state and local entities, the message is clear:
- ADA Title II WCAG 2.1 AA compliance deadlines begin in April 2026, and meeting these standards isn’t optional, even without DOJ pressure.
- Private litigation is real and rising, and state-run platforms are increasingly targeted.
- Proactive compliance matters, both legally and ethically. Waiting just increases risk.
If you’re a government or public institution, don’t gamble on disability rights. There is no reward for taking that risk. Treat compliance as a responsibility and an opportunity to lead.
