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The internet has revolutionized how U.S state and local governments serve their constituents, with public services now conveniently accessible online. However, the question remains whether this digital convenience is equally available to everyone, especially those with disabilities. ADA Title II’s updated rule mandates state and local governments to make their websites and mobile applications accessible to all, addressing this issue.

ADA Title II, part of the Americans with Disabilities Act of 1990, prohibits discrimination based on disability in public entities at state and local levels. The new rule specifically focuses on enhancing the accessibility of web content and mobile applications provided by state and local governments. This includes requirements such as ensuring all new and updated content is accessible, consistent navigation, and interactive features that work well with assistive technologies.

Entities required to comply with the new ADA Title II rule on accessibility include state and local governments, special districts, and contractors and third parties providing public services. Deadlines for compliance vary based on population size, with larger governments required to comply within two years and smaller governments given three years to meet the standards. The U.S Department of Justice will enforce compliance through mechanisms such as self-evaluation, technical assistance, public complaints, audits, and reviews.

Penalties for non-compliance with ADA Title II can range from mediation and resolution to fines and legal action. To ensure compliance, government leaders and businesses working with public entities should follow a compliance checklist that includes conducting audits, implementing accessible design methods, using inclusive communication strategies, integrating assistive technologies, training employees, and implementing a monitoring system for ongoing digital accessibility.

Ultimately, the goal of meeting ADA Title II requirements should be to create an inclusive digital environment that allows everyone to fully participate in public life. By understanding and implementing the guidelines for digital accessibility, government and business leaders can ensure that their websites and mobile applications are accessible to all individuals, including those with disabilities.

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