Title II of the Americans with Disabilities Act requires every state and local government to give people with disabilities an equal opportunity to use its programs, services, and activities. The rule applies to public entities at every level, from a state licensing board to a small-town clerk’s office, and it applies whether or not the entity takes federal money. If a government agency won’t accommodate you, Title II also gives you enforceable ways to push back.
Which Governments and Programs Title II Covers
Federal law defines a “public entity” broadly. It includes any state or local government and every department, agency, or special-purpose district operating under that authority. Counties, cities, towns, school districts, public housing authorities, water districts, and state licensing boards all qualify. Amtrak and commuter rail authorities are named in the statute as well.1Office of the Law Revision Counsel. 42 USC 12131 – Definitions
The obligation follows the program even when the government contracts it out. A county that hires a private company to run its jail medical services, or a city that outsources a public parking garage, is still on the hook for accessibility in that operation.2eCFR. 28 CFR 35.130 – General Prohibitions Against Discrimination Title II also governs employment by public entities regardless of workforce size, so a five-person town office faces the same hiring and workplace accommodation rules as a large state agency.3ADA.gov. Introduction to the Americans with Disabilities Act
What Public Entities Must Do
Modify Policies When the Standard Rule Would Exclude You
Title II requires agencies to make reasonable modifications to policies, practices, or procedures when necessary to avoid discrimination. The only exception is a change that would fundamentally alter the nature of the service itself.2eCFR. 28 CFR 35.130 – General Prohibitions Against Discrimination A parks department that normally requires in-person registration may need to accept phone or online sign-ups for someone whose disability keeps them from visiting the office. A court that forbids food in the courtroom may need to allow a diabetic litigant to carry glucose tablets. The point is not to lower legitimate standards but to find another route to meeting them.
Keep Programs Reachable, Even in Old Buildings
Each program, viewed as a whole, must remain accessible.4eCFR. 28 CFR 35.150 – Existing Facilities No one may be excluded simply because a government building is not.5eCFR. 28 CFR 35.149 – Discrimination Prohibited A town hall meeting scheduled for a second-floor room with no elevator can be moved downstairs. A zoning hearing in an old building can be relocated to the public library. New construction and major renovations must meet the 2010 ADA Standards for Accessible Design.6ADA.gov. 2010 ADA Standards for Accessible Design
Accessibility features have to stay in working order once installed. Isolated interruptions for repair are allowed. A broken elevator that stays broken for months is not.7eCFR. 28 CFR 35.133 – Maintenance of Accessible Features
Communicate Effectively
Agencies must take appropriate steps to ensure that communication with people who have hearing, vision, or speech disabilities is as effective as communication with anyone else.8eCFR. 28 CFR 35.160 – General A quick front-desk exchange might only need pen and paper. A contested hearing likely needs a qualified sign language interpreter or real-time captioning. Materials may need to appear in Braille, large print, or screen-reader-compatible formats.9ADA.gov. ADA Best Practices Tool Kit for State and Local Governments – Chapter 3, General Effective Communication Requirements Under Title II of the ADA
When you request a specific type of aid, the entity must give your choice primary consideration and can substitute something else only if the alternative is equally effective, or the requested aid would impose an undue burden or fundamentally alter the program.9ADA.gov. ADA Best Practices Tool Kit for State and Local Governments – Chapter 3, General Effective Communication Requirements Under Title II of the ADA The entity cannot bill you for the accommodation. Federal regulations forbid surcharges on people with disabilities to cover accessibility costs.2eCFR. 28 CFR 35.130 – General Prohibitions Against Discrimination
Websites and mobile apps carry the same duty. In 2024, the Department of Justice finalized a rule requiring state and local government web content and mobile apps to meet Web Content Accessibility Guidelines (WCAG) Version 2.1, Level AA. In April 2026, the DOJ extended the deadlines: entities serving populations of 50,000 or more have until April 26, 2027, and smaller entities and special-purpose districts have until April 26, 2028. Those extensions don’t pause the general Title II obligation to make digital services accessible in the meantime.10Federal Register. Extension of Compliance Dates for Nondiscrimination on the Basis of Disability – Accessibility of Web Content and Mobile Applications
Allow Service Animals
Under Title II, only dogs qualify as service animals, and the dog must be individually trained to do work or perform a task related to a disability. Guiding a blind person, alerting a deaf person, pulling a wheelchair, and interrupting a PTSD episode all count. Dogs whose only role is emotional support or comfort do not.11ADA.gov. ADA Requirements – Service Animals
When it isn’t obvious that a dog is a service animal, staff may ask only two questions: whether the dog is required because of a disability, and what task it has been trained to perform.12ADA.gov. Frequently Asked Questions About Service Animals and the ADA Staff cannot demand documentation, ask the dog to demonstrate the task, or ask about the nature of the disability. Miniature horses trained for disability-related tasks must also be allowed where reasonable given the horse’s control, housebreaking, and the facility’s size and safety.11ADA.gov. ADA Requirements – Service Animals
When a Public Entity Can Lawfully Refuse
Title II does not require the impossible. An entity is not obligated to take any action that would fundamentally alter the program or impose an undue financial and administrative burden. The defense is narrow. The head of the agency (or a designated official) has to make the decision after weighing all resources across the entity’s budget, and the reasoning must be captured in a written statement.13eCFR. 28 CFR 35.164 – Duties
Even when the defense applies, the obligation doesn’t disappear. The entity must still provide whatever alternative access it can that stops short of a fundamental alteration or undue burden, so you receive the benefit to the maximum extent possible.13eCFR. 28 CFR 35.164 – Duties A counter clerk saying “we can’t afford that” doesn’t meet the standard.
Ask for the ADA Coordinator First
Public entities with 50 or more employees must designate at least one person, often called an ADA Coordinator, to handle compliance and investigate complaints, and must publish that person’s name, office address, and phone number. The 50-employee count includes part-time workers across every department but excludes independent contractors.14ADA.gov. ADA Best Practices Tool Kit for State and Local Governments – Chapter 2, ADA Coordinator, Notice and Grievance Procedure
Those same entities must adopt and publish a grievance procedure that explains how and where to file, offers alternative filing methods for people who need them, sets time frames for resolution, and describes how to appeal.14ADA.gov. ADA Best Practices Tool Kit for State and Local Governments – Chapter 2, ADA Coordinator, Notice and Grievance Procedure Starting there is often the quickest route to a fix. A coordinator who understands the problem can sometimes resolve it in days. Using the internal process is not a prerequisite for going to the federal government or to court.
Filing a Complaint With the Department of Justice
If the local process fails or doesn’t exist, you can file a complaint directly with the DOJ’s Civil Rights Division online or by mailing the paper complaint form.15ADA.gov. File a Complaint Include:
- The full legal name and address of the public entity involved.
- A clear description of what happened, with dates, times, and locations.
- Names or titles of any government employees who played a role.
- How the conduct was discriminatory, such as what accommodation was denied or how you were excluded.
- Your contact information so investigators can follow up.
Specific details prevent delays. After receiving the complaint, the DOJ evaluates whether to investigate. If investigators find a violation, the agency usually tries to negotiate a settlement requiring the entity to fix the problem, and if no voluntary resolution is possible, the matter may be referred to federal court.15ADA.gov. File a Complaint
Private Lawsuits and Remedies
You don’t have to wait for the DOJ. Title II incorporates the enforcement procedures of Section 505 of the Rehabilitation Act, so you can sue in federal court to enforce your rights.16Office of the Law Revision Counsel. 42 USC 12133 – Enforcement A successful plaintiff can obtain a court order requiring the government entity to change its practices. Courts may also award reasonable attorney’s fees and litigation costs to the prevailing party.17Office of the Law Revision Counsel. 42 USC 12205 – Attorneys Fees
Money damages are available, but the bar is higher. Courts generally require a showing that the entity acted with “deliberate indifference,” meaning it knew a violation was substantially likely and failed to act. Simple negligence or ignorance of the law usually isn’t enough. The statute of limitations for a private suit varies by state, generally borrowing from the state’s personal-injury deadline, which in most states falls between one and three years.
Retaliation Is a Separate Violation
Filing a complaint, testifying, or objecting to a discriminatory practice is protected activity. No entity may retaliate against, coerce, intimidate, or threaten you for exercising your ADA rights or helping someone else exercise theirs.18eCFR. 28 CFR 35.134 – Retaliation or Coercion If a government office treats you worse after you file a grievance about wheelchair access, that retaliation is its own violation, whether or not the original complaint succeeds.