Keep Your Website Target Small

The DOJ ruled in 2024 that by April 24, 2026, all municipal websites serving populations over 50,000 must be compliant using WCAG 2.1 Level AA standards.  This same standard becomes mandatory for municipal websites serving under 50,000 people on April 26, 2027. The rule is 28 CFR Part 35, Subpart H and implements Title II of the ADA as a remedial civil rights measure. Enforcement is generally complaint-based and focuses on correction rather than automatic penalties for every issue. The DOJ typically prioritizes investigations when complaints are filed.

Steps to Minimize Your Exposure in Two Key Areas

Everyone who calls us about this topic hears the same advice: There are two main areas—your website and your documents.  The two steps below can help reduce the risk of compliance issues, complaints, or potential legal challenges related to accessibility on your website and documents.

Step 1
The Website:  Civic Clarity will review every client and make sure that your website passes the WCAG 2.1 Level AA guidelines before your deadline.  We will send you a report to verify your status.

Step 2
Documents:  We cannot control what you upload.  An important aspect of the ADA website compliance is to make documents accessible.  From today onward, make sure your documents and spreadsheets are compliant.

1. Send us a pdf document to check.  We use the pdf editor software FoxIt to check.  If you have adobe you can check using the Accessibility function.
2. Read the below three documents to learn how to create documents correctly.  It is much easier to do it right than to remediate a pdf after the fact.
   pdf

   Making a Word Document into ADA Accessible PDF
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   Making a Word Document into ADA Accessible PDF
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   Make Your SPREADSHEETS Accessible from Conception
3. Notify all vendors you use that they must give their reports and spreadsheets to you in an ADA compliant format.  This includes assessors, document storage, consultants, etc.  Subpart H, § 35.200(a)(1) states: “A public entity shall ensure that the following are readily accessible to and usable by individuals with disabilities: (1) Web content that a public entity provides or makes available, directly or through contractual, licensing, or other arrangements.”  We believe this means municipalities remain responsible for document accessibility for all documents, even those created through third parties, such as contractors hired on your behalf; and even if the documents reside on the third party contractor’s website.

We’ll send a follow-up announcement next week with guidance on addressing any existing noncompliant documents currently on your website.

Disclaimer:  We are not lawyers nor are we experts in Microsoft Office.