In late 2025, the Department of Justice announced it will re-examine all regulations under ADA Title II (state and local government entities) and Title III (public accommodations -- private businesses). The timeline for conclusions has not been set.
This review could fundamentally change the digital accessibility compliance landscape for the private sector.
Title II vs. Title III -- why it matters
Title II already has a clear digital accessibility rule: the April 2026 deadline requiring WCAG 2.1 AA conformance for state and local governments. The technical standard is defined, the timeline is set, and enforcement is imminent.
Title III is different. It covers private businesses -- hotels, restaurants, retail, healthcare, any "place of public accommodation." Courts have increasingly ruled that websites qualify as places of public accommodation, but there is no formal DOJ rule specifying a technical standard like WCAG. Enforcement has happened entirely through litigation and settlement agreements.
What a Title III rule could mean
If the DOJ review produces a formal Title III digital accessibility rule, it would:
- Establish WCAG as the explicit technical standard for private sector websites
- Give enforcement a clear regulatory basis instead of relying on case law
- Potentially cover millions of businesses that currently have no formal accessibility obligation
- Create a compliance deadline similar to the Title II April 2026 deadline
This would be the single largest expansion of mandatory web accessibility requirements in U.S. history.
What is more likely
A full Title III rule is a multi-year rulemaking process. Even if the DOJ moves forward, a proposed rule, public comment period, and final rule would take years. The more immediate effect is uncertainty -- and uncertainty increases compliance risk.
Courts are already interpreting Title III to require web accessibility. Over 4,000 ADA lawsuits were filed in the first half of 2025, predominantly targeting private sector websites under Title III. A formal rule would make these lawsuits easier to win, but the litigation is already happening without one.
What to do now
Private sector organizations should not wait for a formal rule to address accessibility. The litigation risk is present today, and the cost of proactive compliance is the same whether a Title III rule exists or not.
The practical step is straightforward: audit your web properties against WCAG 2.1 AA, prioritize and remediate the issues found, and establish ongoing monitoring. If a Title III rule arrives, organizations already meeting WCAG 2.1 AA will be positioned to comply. If it does not arrive, the litigation landscape still demands the same work.