Breaking Down the New ADA Title II Web Rules & Exceptions

June 18, 2025

Understanding ADA Title II vs. Title III

Before we dive deeper, let’s clear up the confusion between these two titles:

ADA Title II applies to:

• State and local governments
• Their departments and agencies
• Has specific compliance deadlines (April 2026/2027)

ADA Title III applies to:

• Businesses open to the public (“places of public accommodation”)
• Chambers of commerce and CVBs
• No new fixed compliance deadline, but must comply continuously

Think of it this way: if you’re a government entity, you have a homework deadline. If you’re a business, you’ve always had homework—you just might not have been doing it.

Mark Your Calendars: Compliance Deadlines

Who Needs to Comply? 

(Spoiler: It’s More Than You Think)

When we say “government,” we’re not just talking about city hall. The list is extensive:

The Contractor Question

Here’s where it gets interesting: If you’re a contractor working for the government, your own website doesn’t automatically need to comply just because you have a government contract. However, if you’re providing digital services ON BEHALF of the government, those specific services must comply.

For example, you could be a paving company paving streets for the Department of Transportation. If your contract says your website has to be ADA compliant, then it has to be ADA compliant, even though technically you’re not providing a digital service.

The Nonprofit Gray Area

What about nonprofits that get government funding? Here’s where it gets a bit tricky. Just receiving government grants doesn’t automatically put you under Title II requirements. But if you’re contracted to actually operate a government program or provide a public service with digital components, then you likely need to comply.

Take this real example: an organization that provides the 988 suicide prevention hotline for a large population. Since they have the government contract to provide this service plus a website with digital resources, they’d need to comply with the earlier 2026 deadline. It’s not about the funding—it’s about what service you’re providing and how.

If you’re not sure where your business or organization falls first check out ada.gov, the official ADA website. They offer resources to help you determine if you fall under Title II or Title III. If you’re still not sure you can call (yes call!) the ADA Information Line at 800-514-0301 (Voice) or 800-514-0383 (TTY). They offer free and confidential guidance. There are also local ADA centers, you can see which is closest to you at https://adata.org/find-your-region.

The Five Key Exceptions 

(Your Get-Out-of-Jail-Free Cards)

One of the best parts of these new rules? They include practical exceptions that acknowledge the real world. And can I just say—I totally geeked out reading through the ADA website for this, and you know what? It actually makes sense!  I could actually understand the words and everything. They really did follow their own accessibility rules when writing these guidelines. More props to the ADA!

Here are the five situations where you might get a break:

Exception 1: Archived Content

This one’s pretty straightforward, but you have to hit ALL four criteria—think of it like a checklist where you can’t skip any boxes:

• Created before your compliance date (so it’s genuinely old content)
• Kept only for reference, research, or recordkeeping (not something people actively use)
• Located in a special “archived” area (think your “Past Events” section)
• Has not been changed since archiving (this is the kicker—touch it, and you lose the exemption)

Real-world example: Those old board meeting minutes from 2019 sitting in your archives? They can stay exactly as they are. But the moment you go back and add a photo gallery from that meeting, boom—now that whole page needs to comply because you’ve changed it.

The gotcha: If you have a PDF trail map in your archives that people still download all the time via QR codes at the park, it probably needs to comply anyway because it’s actively providing current information, even if it lives in the “archives.”

Exception 2: Pre-Existing Documents

This exception covers your document downloads, but BOTH conditions must be true:

What qualifies:

• Word processing, presentation, PDF, or spreadsheet files
• Available on your website or app BEFORE your compliance date

What this means: Your old documents get grandfathered in, but there’s no wiggle room here.

You lose the exemption if: You post new documents after your compliance date (obviously needs to comply), you update any pre-existing document after the deadline (now it needs to comply), or the file type doesn’t match (images, videos, etc. don’t get this pass).

Exception 3: Third-Party Content

This one’s about who’s actually posting the content, and it can get tricky fast.

What’s generally exempt:

• Reviews posted by the public
• Forum posts by community members
• User-generated content you can’t control

You DON’T get the exemption for:

• Content posted BY your organization (even if it’s on a third-party platform)
• Content posted by your contractors or vendors on your behalf
• Calendars, maps, or graphics you create and post
• The platforms/tools themselves that allow third parties to post (those tools need to be accessible)

Real-world example: If a parent posts a non-compliant graphic about your town’s “Meet the Machines” event on Facebook, that’s not your problem. But if your staff creates and posts event graphics with unreadable fonts and poor color contrast? That needs to comply.

Exception 4: Password-Protected Individual Documents

This exception is pretty specific—you need ALL three conditions:

What qualifies:

• Word processing, presentation, PDF, or spreadsheet files only
• About a specific person, property, or account (individualized content)
• Password-protected or secured behind a login

Examples that qualify: Individual water bills in customer portals, personal tax assessments in secured accounts, and individual student transcripts behind login all get a pass under this exception.

You lose the exemption for: General announcements sent to all users (even in a secured portal), public forms or applications, and any content that isn’t individualized to one person, property, or account.

For example, just because parents log into an app to see announcements from the school that doesn’t make those announcements “individual.” If the same announcement goes to all parents with kids at the school, it needs to comply.

Exception 5: Social Media

Finally, some relief for your social media archives!

What’s exempt:

• All social media posts made BEFORE your compliance date
• Posts on any platform (Facebook, Instagram, Twitter, etc.)

Why this makes sense: As the rules put it, making all past posts accessible would be “potentially impossible and of limited utility.” (Finally, some government common sense!)

What you still need to fix:

• All NEW posts after your compliance date
• Graphics with text that don’t meet contrast standards
• Videos without captions
• Links that aren’t clearly identified

The upcoming challenge: Here’s something we’re all going to have to figure out—social media graphics with tons of text but no way to add proper alt tags. If you can’t put alt text on it, it doesn’t meet WGAC 2.1 AA standards, is it ok to post on behalf of your organization? 

Want to learn more about these exceptions? 

Head on over to the ADA website for more rule exceptions with examples. Don’t be scared, I promise it’s all very easy to read and understand.

What This Actually Means for You

Who’s Really Responsible When Things Go Wrong?

The bottom line is the government entity or business is ultimately responsible. It’s kind of like taxes—’I didn’t know’ isn’t an excuse.

Even if you hired a web company that built a non-compliant site, any fines or lawsuits come to you, not them. However, you can (and should) include accessibility requirements in your contracts with vendors, along with warranties and remedies if they don’t deliver what they promised.

The Stakes: What Happens If You Don’t Comply?

How Will They Know If You’re Compliant?

Just like physical ADA compliance for businesses—you know, wheelchair ramps and elevators—web accessibility enforcement is primarily complaint-driven. There’s no government inspector showing up to audit your website randomly.

The process typically starts with public complaints and lawsuits, not routine inspections. You’re expected to self-assess and address issues, but enforcement usually only happens after someone reports a problem.

The bottom line? “Don’t make people mad. Be nice to people.” Isn’t that what accessibility is all about anyway?

Understanding WCAG 2.1 Level AA Standards

The technical requirements can feel overwhelming, so I’m certainly not going to cover it all in this post. I go more indepth over on our ADA Crash Course post, but that doesn’t cover everything either. To get EVERYTHING you’ll need to sort through and process the WCAG 2.1 Full Guidelines. 

So let’s start with a big picture overview to get you acquainted. I think of compliance in two groups – black & white, and grey. I recently read a great article from www.multidots.com that offered a great and simple overview that very neatly fits into my color categories, so here goes:

Black and White Compliance (Clear Yes/No Items)

Perceivable: People with disabilities should access content in multiple ways

• Alt text for images
• Captions for videos and transcripts for audio
• Strong contrast between text and background
• Text that can be resized

Operable: Users should interact with your site in multiple ways

• Full keyboard navigation (no mouse required)
• Buttons and links are easy to identify
• No flashing content that can cause seizures

Gray Area Compliance (Requires Judgment)

Understandable: Visitors should comprehend content and navigation

• Clear instructions for forms
• Consistent menus and navigation
• Simple, readable language

Robust: Your site should work with assistive technologies

• Screen readers
• Screen magnifiers
• Voice input tools

Here’s the thing about the gray areas—you built your website, so of course it makes sense to you. But does it make sense to everyone else? Your navigation may seem super creative and fun but too much creativity can leave people feeling confused. Maybe your text makes sense to you but isn’t connecting with people who have less product knowledge. And honestly, how do you know if a screen reader can actually use your site? It’s trickier to assess, but it’s still part of compliance.

The good news? You don’t have to figure this all out on your own. Let’s talk about how to actually tackle this thing.

Your Action Plan: Getting Started Now

If you’re just discovering you need to comply, don’t wait until April 24 to contact your web developer. That’s like contacting your accountant the day before taxes are due. Use this roadmap to get started ASAP:

Immediate Steps (This Month)

1. Understand your deadline based on population served
2. Learn the rule requirements (start with ADA.gov resources)
3. Inventory your web content and mobile apps
4. Identify what needs to comply using the exceptions guide
5. Audit your current accessibility gaps
6. Decide: retrofit existing site or rebuild from scratch

Planning Phase (Next 2-3 Months)

7. Prioritize high-traffic and essential services first
8. Assign tasks and secure vendor contracts and capabilities

Implementation

9. Create ongoing policies for compliance
10. Plan for regular monitoring (this isn’t one-and-done)

Common Misconceptions We’re Seeing

Why This Matters Beyond Compliance

Ground yourself in the “why” behind these requirements. Accessible websites aren’t just legally required—they’re easier for EVERYONE to use. They’re respectful. They’re good web design.

Think about it, have you ever struggled with a city website that was confusing, had tiny text, or navigation that made no sense? Chances are, if you’re frustrated, someone with a disability is completely locked out.

When you make your site accessible, you’re not just avoiding fines—you’re making sure every person in your community can access the services they need and deserve.

Looking Ahead: How This Will Evolve

Expect these requirements to keep evolving as technology changes. We might see:

• Updates to WCAG standards as new web technologies emerge
• Possible expansion to Title III entities with firm deadlines
• More enforcement mechanisms (potentially automated reporting systems)

The movement has started! Internationally, the EU is already ahead of us, requiring e-commerce, banking, streaming, and travel sites to be WCAG 2.1 AA compliant by June 2025. 

Resources to Help You Get Started

Government Resources:

• ADA.gov First Steps Guide
• Small Entity Compliance Guide
• Rule Exceptions with Examples

Technical Standards:

• WCAG 2.1 Full Guidelines
• WCAG 2.1 Quick Reference

The Bottom Line