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The DOJ Web Rule (2024) and What's Coming: WCAG 2.1 AA Is Now the Line

DOJ made WCAG 2.1 Level AA the federal web-accessibility standard in 2024, and 2026 extension rules moved the deadlines — but not the standard. Here's how to comply and stay compliant.

For years, "is my website covered by the ADA?" had no clean federal answer. Courts split, plaintiffs sued, and businesses guessed. In 2024 that changed: the Department of Justice published a final rule that, for the first time, named a concrete technical standard for web and mobile accessibility. This piece walks through what the actual records show, the standard they point to, a checklist to apply, and how to keep it from rotting over time.

Not legal advice — consult qualified counsel for your specific situation. What follows is a plain-language read of public records.

What the records show

The landmark record is DOJ's Title II Final Rule, "Nondiscrimination on the Basis of Disability; Accessibility of Web Information and Services of State and Local Government Entities" (Fed. Reg. doc 2024-07758, published April 24, 2024). For the first time, the federal government adopted WCAG 2.1 Level AA as the binding technical standard for state and local government websites and mobile apps. Original deadlines were tiered by population: roughly April 2026 for governments serving 50,000+ people, and roughly April 2027 for smaller governments and special districts.

That rule didn't appear overnight. The 2023 Notice of Proposed Rulemaking (doc 2023-15823, August 4, 2023) shows the deliberate, public-comment path DOJ took to land on WCAG 2.1 AA — useful if you ever need to cite the rule's rationale and scope. The rule as actually codified lives in the Code of Federal Regulations, 28 CFR Part 35 (2025 edition) — that's the operative regulatory text plus DOJ's guidance appendix, and the authoritative place to read the binding obligations rather than the preamble discussion.

Here's the part that trips people up. By Interim Final Rule (doc 2026-07663, published April 20, 2026), DOJ extended the compliance dates of the 2024 web rule. Read this carefully: the technical standard stayed WCAG 2.1 AA — only the timeline moved. Anyone who memorized "April 2026" or "April 2027" must check this IFR for the current date. A parallel HHS Section 504 Interim Final Rule (doc 2026-09266, published May 11, 2026) did the same for the Rehabilitation Act web-and-mobile rule. The HHS record explicitly notes that its Section 504 rule "imposed the same accessibility requirements as" the DOJ 2024 Title II final rule — meaning the same WCAG 2.1 AA bar reaches recipients of federal financial assistance: hospitals, clinics, and grantees, not just governments.

Private businesses aren't off the hook just because the new rule names governments. Courts were already treating websites as ADA territory under Title III. In Juan Carlos Gil v. Winn-Dixie Stores, Inc. (11th Cir.), a blind plaintiff couldn't use a retailer's website with a screen reader — a real, frequently-cited case showing courts entertained web-accessibility claims well before any DOJ technical rule existed. The circuit split it reflects (when is a website a "place of public accommodation"?) is exactly the uncertainty the new standard is meant to reduce. In Andrews v. Blick Art Materials, LLC (E.D.N.Y.), the court held an inaccessible retail website actionable under Title III and applied WCAG as the de facto benchmark for what "accessible" means. Translation: courts were already importing WCAG before DOJ made it official — so WCAG 2.1 AA is the practical target whether you're public or private.

And government digital services are being litigated now, not merely regulated. Ellerbee v. State of Louisiana Division of Administration, Office of Technology Services (M.D. La., docket 3:24-cv-00219) is a live example of a state technology agency facing disability-access litigation over its digital services — exactly the category the 2024 rule targets.

The standard these records imply

One line, made concrete: adopt WCAG 2.1 Level AA. The DOJ Title II rule makes it binding for state/local government web content and apps; the HHS Section 504 IFR applies the same standard to federal-funding recipients; and courts in Gil and Andrews used WCAG as the yardstick for private businesses. Whatever your category, WCAG 2.1 AA is now the safe default.

A checklist to apply

How to maintain it over time

Accessibility is a state, not a project. Every new page, template, vendor widget, or PDF can reintroduce a violation, so bake WCAG 2.1 AA into your design system, content workflow, and procurement contracts — require vendors to certify conformance. Re-audit on a fixed cadence (at least annually, and after any major redesign) and keep automated checks in your build pipeline, since automation catches roughly a third of issues and manual/screen-reader testing catches the rest. Watch the Federal Register: the 2026 IFRs prove these dates and details move, and "we relied on the old deadline" is not a defense. Finally, give users an accessible way to report barriers — a real remediation channel both helps people and is strong evidence of good faith if you're ever challenged.

Receipts, not hype: WCAG 2.1 AA is the line. Start now, document everything, and confirm your current deadline against the live rule — then have counsel review.

Sources (the record)

NU original — sourced analysis of the public record. Read it in the interactive Reading Room, or browse more at neighbordoors.com.

Transparency: NU articles are AI-assisted and editor-reviewed, built from the cited primary sources. We label what's proven, alleged, and opinion.