How to Report State or Local Agencies for ADA and WCAG Non-Compliance

1. Understand the ADA and WCAG Compliance Requirements

1. • ADA Compliance: Under Title II of the ADA, state and local government entities must ensure that their websites are accessible to individuals with disabilities. This includes providing equal access to programs, services, and activities online.
   • WCAG Standards: The Web Content Accessibility Guidelines (WCAG) provide specific technical standards for web accessibility. Most ADA enforcement references WCAG 2.0 or 2.1 Level AA standards for compliance.

2. Gather Evidence of Non-Compliance.

   Before reporting, document the specific ways in which the agency’s website fails to meet ADA and WCAG standards:

   •  Screenshots and Descriptions: Take screenshots of inaccessible pages or features and describe the issues (e.g., missing alt text for images, lack of keyboard navigation, inaccessible forms, etc.).
   • Accessibility Testing Reports: Use free online tools like WAVE, axe Accessibility Checker, or Google Lighthouse to generate reports on the website’s accessibility issues. These tools can provide concrete data about where the site falls short of compliance.
   • Impact Statements: Document how this non-compliance affects your ability to access the information or services provided by the agency. If this discrimination affects your rights or access to essential services, note these impacts.
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1. File a Complaint with the State or Local Agency

1. • Contact the Agency Directly: Many agencies have an ADA Coordinator or a designated person responsible for accessibility. Start by reaching out to them with your concerns and requesting that they address the accessibility issues.
   • Submit a Formal Complaint: If informal communication does not work, submit a formal complaint to the agency outlining the ADA and WCAG violations and your request for them to bring their website into compliance.

2. File a Complaint with the U.S. Department of Justice (DOJ)

   The U.S. Department of Justice (DOJ) is responsible for enforcing Title II of the ADA and can investigate complaints against state and local governments. Here’s how you can file a complaint with the DOJ:

   • Prepare Your Complaint: Include your contact information, details of the website’s accessibility issues, and how these issues have impacted you. Attach any evidence, such as screenshots and accessibility reports.
   • File the Complaint Online or by Mail:
     • You can file a complaint online using the DOJ Civil Rights Division’s ADA Complaint Form found on their website.
     • Alternatively, you can send your complaint by mail to:

       U.S. Department of Justice

       Civil Rights Division

       950 Pennsylvania Avenue, NW

       Washington, D.C. 20530

   • Await DOJ Investigation: The DOJ may contact you for further information and may launch an investigation into the complaint. If the DOJ finds the agency non-compliant, they can require corrective action or impose fines.

3. File a Complaint with the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) (If Applicable)

   • If the non-compliant website is run by a state or local agency that receives federal funding (e.g., healthcare-related services), you can file a complaint with the HHS Office for Civil Rights (OCR).
   • Submit an OCR Complaint: Complaints can be filed online at the HHS OCR Complaint Portal or via mail.

4. Contact Your State Attorney General’s Office

   • In some states, the Attorney General’s Office has a division that handles civil rights complaints, including ADA violations. Filing a complaint with your state’s Attorney General can put additional pressure on the agency to comply.
   • Provide Documentation: Include all evidence of non-compliance, correspondence with the agency, and any responses received.
5. • Consult an Attorney Specializing in ADA and Civil Rights Law: If the agency fails to take corrective action, consult an attorney who specializes in ADA compliance and civil rights law. They can help you understand your legal options and represent you in court if needed.

     Consider Legal Action

   • File a Lawsuit in Federal Court: You may file a lawsuit in federal district court seeking injunctive relief (an order requiring the agency to make its website accessible) and potentially monetary damages if you have suffered harm.

6. Notify the Media or Disability Rights Organizations

   • Media Attention: Sometimes, public attention can pressure agencies to address non-compliance more swiftly. Consider reaching out to local media to report the issue.
   • Disability Rights Organizations: Organizations such as Disability Rights Pennsylvania or the National Disability Rights Network (NDRN) can provide additional support, resources, and advocacy.

7. Follow Up on Your Complaint

   • Monitor the Status of Your Complaint: Follow up with the DOJ or any other agencies where you filed a complaint to check the status of your case.
   • Request Updates: Keep records of all correspondence and ask for updates if you do not hear back within a reasonable timeframe.