Inaccessible websites and mobile apps can keep people with disabilities from joining community events, and a new Americans with Disabilities Act (ADA) rule seeks to improve access for all. Public websites are about to become more accessible, though not without some effort from public entities.
As of April 2024, the Department of Justice (DOJ) released updated regulations for Title II of the ADA. This new rule requires all state and local government web and mobile content to meet the Web Content Accessibility Guidelines (“WCAG”) Version 2.1, Levels A and AA. For most cities, this change will require significant upgrades to websites, including third party credit card processing sites, reservation pages, and privately-run mobile parking apps. Upgrades include criteria such as ensuring good color contrast, keyboard navigation, and tagging pictures and documents so they can be read with assistive technology. In addition, videos must include captions for people who are deaf or hard of hearing.
Compliance Timeline
The DOJ recognizes that smaller communities may face challenges implementing the new requirements due to limited resources. As a result, the timeframe for compliance varies by population. State and local governments with a total population of 50,000 or more must comply with the new rule by April 2026, while those with a population of 49,999 or fewer must comply by April 2027. Due to the significant amount of work most cities must do to adhere to the rigorous standards, park and recreation departments are encouraged to start making implementation plans as soon as possible.
State Precedence
The new DOJ regulation builds on successful state-led initiatives in California and Colorado. Park and recreation departments in Colorado have already made their web content more accessible, and we can learn from their experience. Colorado’s HB 21-1110, a state law similar to the DOJ’s ruling, required state and local government websites to comply by July 1, 2024. Katie Groke, director of community services for Apex Park and Recreation District in Colorado, shared how her park district became ADA-compliant:
- At the beginning of 2023, Apex Park and Recreation District started auditing their digital assets. They went through every page of their website, social media and all third-party digital tools they were using to conduct business. All their audit work was done in-house by their communications manager.
- Apex created a committee of staff stakeholders who were trained in Web Content Accessibility Guidelines (WCAG) compliance and became subject matter experts. These staff members took their knowledge back to their teams to support everyday work and updating documents.
- Apex hired a third-party auditor once they thought they were close to compliance. They required all third-party vendors to submit Voluntary Product Accessibility Template (VPAT) letters and be compliant by July 1, 2024.
- The job description for Apex’s communications manager was updated to be the compliance officer of WCAG.
- Apex’s website was updated with more information.
Lessons Learned
Groke’s advice is to “lean on state regulatory agencies.” Apex Park and Recreation District staff attended Colorado’s free trainings, while their communications manager got certified via a paid training course.
Park leaders should begin budgeting and planning their website and mobile app changes now. Compliance is a complex process that requires content, design, programming and procedural considerations. Digital compliance will likely continue to change in the future, and having a dynamic, adaptable strategy is encouraged. By making your park and recreation department’s website more accessible today, you are helping to make online content equitable for all.
Resources
While compliance might be a lift, we will continue to share resources to help your park successfully meet ADA guidelines:
- The U.S. Small Business Administration Office of Advocacy will be hosting a webinar and listening session on the rule on July 23, 2024, at 11:00 a.m. EST on Microsoft Teams. Register here to receive a Teams link.
- The DOJ issued a Small Entity Compliance Guide to assist small state and local governments in complying with the rule.
- For a high-level summary of the rule, read the DOJ's fact sheet. The official version of the full rule is in the Federal Register.
- The DOJ operates an ADA Information Line that members of the public can call to ask any questions they may have about the rule. All calls to the line are confidential. The ADA Information Line can be reached at 800-514-0301 (voice) and 1-833-610-1264 (TTY). Accessibility specialists are available to take calls Monday, Wednesday and Friday from 9:30 a.m.-12 p.m. and 3-5:30 p.m. EST; Tuesday from 12:30 p.m.-5:30 p.m. EST; and Thursday from 2:30 p.m.-5:30 p.m. EST.
- If you will be attending the 2024 NRPA Annual Conference in Atlanta this October, attend the session “Critical Thinking for ADA Compliance: Strategies that Benefit Your Community and Manage Your Risk” to share ideas and learn more.
- As always, NRPA’s Public Policy and Advocacy team is here to support you. If you have any questions about this rule, please do not hesitate to reach out.
Kaitlyn Kaufman (she/her) is NRPA’s government affairs specialist.