ADA Title II update: What we know, what we don’t, and what to do now

There’s been a noticeable increase in conversation across the accessibility community and among organizations impacted by ADA (Americans with Disabilities Act) Title II about potential changes to the web accessibility rule. Ongoing federal review activity has prompted questions about timing and implementation, and in some cases, speculation about what may change. Many organizations are now seeking practical guidance on how to move forward.

Let’s start with what matters most.

The rule is still the rule

Today, the ADA Title II regulation remains in effect as published. There has been no official announcement changing the compliance requirements or deadlines.

That means state and local governments, and the organizations that support them, should continue preparing for compliance.

Or, as Lainey Feingold, a disability rights lawyer focused on digital accessibility, wrote in a recent post, “The rule is the rule until it isn’t.”

At this point, it’s reasonable to say:

• There is no confirmed outcome.
• There are indicators of potential movement.
• The range of possibilities includes delay or modification.
• A full rollback appears unlikely based on current signals.

Separating signal from speculation

There is real activity happening. Ongoing federal review, including reports of an interim final rule under consideration, has raised questions about what may change and when.

At the same time, uncertainty has created space for rumors, particularly on social platforms. You may have seen speculation that:

• The rule will be canceled.
• Deadlines are no longer relevant.
• Compliance efforts should pause.

None of these statements are grounded in official regulatory action.

This is an important moment to stay focused on verified information rather than reacting to speculation.

Accessibility was already required under the ADA

It is also important to understand that the accessibility requirement is not new.

Long before the recent ADA Title II rule, the ADA already required state and local governments to provide equal access to their programs, services, and activities. That obligation applies regardless of whether those services are delivered in person, on the web, or through mobile applications.

For years, digital accessibility has been enforced through:

• Complaints and investigations by the Department of Justice.
• Complaints and litigation by end-users.
• Settlement agreements.
• Case law interpreting equal access in a digital context.

The ADA has always required accessibility. What had been missing is consistency in how to measure it. The Title II rule does not introduce a new expectation. It clearly defines one. This means digital accessibility is not optional or something to work on later. It is a current responsibility, and progress must continue.

What organizations need to do right now

The most effective course of action is straightforward. We recommend that you:

1. Recognize accessibility as a continuous legal requirement 
   • Accessibility is not a one-time compliance event. It is an ongoing capability.
   • Even if the ADA Title II deadlines shift, the underlying expectations and user needs do not.
2. Stay aligned to WCAG 2.1 AA (or higher)
   • The technical foundation of the rule is well established and widely adopted across industries, and is regularly used by the U.S. Department of Justice in enforcement and settlement agreements. Continuing to align with it reflects how accessibility is already being measured and enforced today.
   • Progress made today moves you toward meeting current compliance expectations and closer to sustainable, scalable accessibility.
3. Don’t pause accessibility efforts
   • Accessibility is an ongoing process, and you always need to prioritize it to ensure equal access for everyone who engages with your organization.
   • Pausing accessibility work does not reduce legal risk. It increases existing risk and can introduce new risk.
   • ADA legal obligations remain in effect.
   • When accessibility work pauses, people with disabilities continue to encounter barriers accessing websites, forms, and services, regardless of compliance deadlines. These barriers violate the ADA’s requirements today.
   • Delaying accessibility work increases the cost and complexity of remediation later, as issues accumulate and must be fixed further downstream in the development process, where changes are more expensive and harder to implement at scale.
4.  Focus on sustainable accessibility practices
   • Success means not chasing deadlines, but rather, continuing to build systems, processes, and programs that consistently produce accessible outcomes, such as:
     • Automated testing within the CI/CD pipeline
     • Clear governance and accountability
     • Design systems with accessibility built in
     • Ongoing conformance monitoring and remediation

What happens if the deadlines shift? What may change, and what does not change.

If the ADA Title II compliance deadlines are adjusted, it may feel like a reprieve. In reality, very little changes where it matters most.

What may change:

• Compliance dates and enforcement timelines.
• Short-term prioritization decisions within organizations.

These changes may affect your near-term planning decisions, but they do not change the requirement to make digital services accessible, which is already being measured against WCAG 2.1 in practice.

What does not change:

• The requirement that digital services be accessible.
• The reliance on WCAG as the technical standard.
• The need for sustainable, scalable accessibility practices.
• The legal and reputational risk of inaccessible experiences.
• The marketplace demand in the procurement space.

These are the factors that drive enforcement and business decisions. They shape how organizations are evaluated today, regardless of shifting timelines.

A delay changes the due date for compliance with WCAG 2.1 A/AA. It does not change the underlying requirement to ensure digital services are accessible.

Why accessibility readiness still matters 

Accessibility readiness is not about hitting a single deadline. It is about building the capability to consistently deliver inclusive experiences.

When your organization invests in readiness, you:

• Reduce legal, financial, and reputational risk.
• Reduce long-term remediation costs.
• Avoid last-minute scrambles and fire drills.
• Improve usability for all users, not just those with disabilities.
• Strengthen trust with your communities.
• Remain competitive in the marketplace.

Just as important, accessibility does not exist in a vacuum. It intersects with broader trends in digital quality, automation, and AI-driven development. Organizations that are not ready will fall behind peers who are already building accessibility into how they design, develop, and deliver digital experiences, regardless of regulatory timing. Organizations that are prepared will continue to lead the way forward in providing products, services, and experiences that work for everyone.

Deque’s perspective

At Deque, we are closely monitoring developments and staying engaged with trusted sources across government, legal, industry, and accessibility communities.

Our commitment is simple:

• Provide clear, fact-based guidance.
• Avoid unnecessary alarm or speculation.
• Help organizations make confident, informed decisions.

If anything changes, we will explain:

• What changed.
• What it means.
• What you should do next.

The bottom line

There may be movement.
There may be updates.

But today:

The rule is still the rule.

And the best thing organizations can do right now is keep moving forward, meeting compliance expectations, and creating long-term, scalable accessibility. 

If you have questions about how this may impact your accessibility strategy, Deque’s team is here to help you navigate it with clarity and confidence. Reach out to Deque today.