Title II

The Americans with Disabilities Act (ADA), passed in 1990, is the most comprehensive civil rights law addressing disability-based discrimination in the United States. While many people associate the ADA with ramps, elevators, or service animals, the law’s true reach is much broader.

Title II of the ADA is especially critical—it ensures that people with disabilities have equal access to the services, programs, and activities of all state and local governments. Whether it’s accessing public transportation, attending public school, obtaining a business license, or participating in a town hall meeting, Title II guarantees inclusion and prohibits exclusion.

This guide covers everything you need to know about ADA Title II: what it covers, who must comply, key legal requirements, real-world applications, case law, digital accessibility mandates, enforcement, and future trends.

What Is ADA Title II?

Title II of the ADA prohibits discrimination against qualified individuals with disabilities in all programs, services, and activities provided by state and local government entities, regardless of whether they receive federal funding.

This includes:

  • Public schools and universities

  • Police and fire departments

  • Public hospitals and clinics

  • City councils and court systems

  • Libraries and recreation centers

  • Public transportation systems

  • Voting services and polling places

If a service is provided to the public, it must also be accessible to individuals with disabilities.

Who Must Comply?

All state and local government entities—regardless of size or budget—are covered under Title II. This includes:

  • State governments and agencies

  • County and city governments

  • School districts

  • Municipal courts

  • Public housing authorities

  • Public transit systems

Private entities are not covered by Title II—they are covered by Title III. However, if a private business operates on behalf of a public entity, such as a contractor providing city bus services, Title II obligations apply.

Who Is Protected?

ADA Title II protects qualified individuals with disabilities. A person is considered to have a disability if they:

  • Have a physical or mental impairment that substantially limits one or more major life activities

  • Have a record of such an impairment

  • Are regarded as having such an impairment

To be “qualified,” the individual must meet the essential eligibility requirements for receiving the service or program—with or without reasonable modification.

Key Requirements Under ADA Title II

1. Equal Access and Nondiscrimination

Government services and programs must be accessible to individuals with disabilities in the most integrated setting appropriate. This means that a city can’t, for example, create a separate public library branch for people with disabilities—they must have the same access as everyone else.

Discriminatory practices prohibited under Title II include:

  • Denial of participation

  • Unequal treatment

  • Segregation

  • Use of eligibility criteria that screen out individuals with disabilities

2. Reasonable Modifications in Policies and Procedures

Public entities must make reasonable modifications to rules, policies, or practices when necessary to avoid discrimination.

Examples:

  • Allowing a service animal into a courtroom

  • Modifying a city’s recreation program to include participants with autism

  • Offering remote participation in a public meeting for someone with mobility limitations

Modifications are not required if they would fundamentally alter the nature of the service or cause undue financial or administrative burden.

3. Effective Communication

All government entities must communicate with people who have vision, hearing, or speech disabilities as effectively as they communicate with others.

This often requires providing auxiliary aids and services, such as:

  • Qualified sign language interpreters

  • Captioning services

  • Braille materials

  • Large-print documents

  • Accessible digital formats (screen reader–compatible PDFs, etc.)

Failure to provide effective communication—especially in public safety or legal settings—can result in severe civil liability.

Facilities and Physical Accessibility

Title II requires all newly constructed or altered public facilities to be fully compliant with the ADA Standards for Accessible Design.

For existing facilities, public entities must ensure that their services are accessible “when viewed in their entirety.” This does not necessarily require retrofitting every building—but the program as a whole must be accessible.

Examples:

  • If a city has 5 libraries, not all need to be fully accessible—but at least one must be, and it must provide full service parity.

  • A school district may offer transportation only to certain students with disabilities if doing so satisfies full participation requirements.

Title II and Public Transportation

Public transportation systems are explicitly covered by Title II. This includes:

  • Fixed-route buses

  • Light rail systems

  • Paratransit services

  • Commuter trains operated by state or local governments

Obligations Include:

  • Lifts or ramps on all new buses

  • Priority seating for individuals with disabilities

  • Paratransit service that is comparable to fixed-route systems

  • Accessibility training for drivers and staff

Private transportation companies (like Greyhound or Uber) fall under Title III but must also provide reasonable accommodations.

Digital Accessibility Under ADA Title II

Just like Title III, courts and the Department of Justice (DOJ) have confirmed that websites and mobile applications operated by public entities must be accessible to individuals with disabilities.

In fact, the DOJ issued a final rule in April 2024 stating that all state and local government websites must comply with WCAG 2.1 Level AA standards by a specific deadline (dependent on entity size).

Covered Content:

  • Online payment portals

  • Public school learning platforms

  • Transit schedules and maps

  • Online permitting systems

  • Court dockets and forms

  • Civic participation tools (e.g., public comment forms)

Common Accessibility Failures:

  • PDFs not tagged for screen readers

  • Videos without captions

  • Inaccessible voting tools

  • Visual-only interfaces with no keyboard alternative

Enforcement of Title II

Title II is enforced by the U.S. Department of Justice (DOJ) and private individuals through lawsuits.

Filing a Complaint

Individuals may file complaints directly with the DOJ or through other federal agencies (such as the Department of Education for schools or the Department of Transportation for transit).

Lawsuits

People who experience discrimination under Title II can sue in federal court. Courts can award:

  • Injunctive relief (requiring the public entity to take action)

  • Compensatory damages

  • Attorney’s fees

Note: Unlike Title III, monetary damages are available under Title II when the discrimination is intentional.

Real-World Examples of ADA Title II in Action

  • A city hall modifies its parking lot, installs an accessible entrance, and trains its staff on interacting with wheelchair users.

  • A police department updates its policy to ensure officers call in sign language interpreters when questioning Deaf suspects.

  • A public school district provides accessible digital learning tools and captioned instructional videos.

  • A transit authority adds audio announcements and braille signage to new light rail systems.

Common Violations

Violation Impact
Inaccessible websites Excludes people with visual impairments
Failure to provide ASL interpreter at public meeting Violates right to civic participation
No accessible bathroom in a public park Restricts access to public recreation
Lack of captioning on city council livestream Cuts out Deaf or hard-of-hearing constituents
Denial of paratransit eligibility without due process Violates transportation rights

Strategies for Achieving Compliance

Self-Evaluation and Transition Plans

Title II requires all public entities to conduct a self-evaluation of their programs, policies, and services. Entities with 50 or more employees must also create a transition plan outlining how accessibility barriers will be addressed.

Appointing an ADA Coordinator

Public entities with 50+ employees must designate an ADA Coordinator, whose responsibilities include:

  • Handling complaints

  • Overseeing compliance

  • Educating staff

  • Liaising with the public

Training and Education

  • Train frontline staff on disability etiquette

  • Educate IT teams about web accessibility

  • Include ADA principles in HR, legal, and facilities planning

The Broader Impact of Title II

ADA Title II reflects a powerful truth: access to public life is a civil right, not a special accommodation.

When implemented well, Title II:

  • Expands civic participation for people with disabilities

  • Improves service quality across the board

  • Reduces legal and reputational risks

  • Increases trust in public institutions

  • Sets the tone for private sector inclusion

Conclusion

ADA Title II is a cornerstone of disability rights in America. It ensures that public services, from emergency response to voting booths to online city portals, are accessible, inclusive, and equitable.

Whether you’re a government official, disability advocate, accessibility consultant, or concerned citizen, understanding and applying Title II is a commitment to equal dignity, full citizenship, and legal compliance.

Accessibility isn’t just about compliance—it’s about belonging. ADA Title II helps make that possible.

Frequently Asked Questions

What is Title II of the Americans with Disabilities Act?

Title II of the Americans with Disabilities Act (ADA) is a federal law that prohibits discrimination against people with disabilities by public entities. This includes state and local governments, ensuring that individuals with disabilities have equal access to all the services, programs, and activities these entities provide. Think of this as a comprehensive civil rights guarantee: whether it’s accessing public transportation, attending a city council meeting, or even visiting a public park, Title II ensures that no individual is excluded or discriminated against due to their disability.

Who is protected under Title II of the ADA?

Title II protections apply broadly to individuals with disabilities. The ADA defines a person with a disability as someone who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment. The law is designed to cover a wide range of disabilities, from mobility and sensory impairments to intellectual disabilities and more. Essentially, anyone who meets this criteria is entitled to the accommodations and nondiscrimination mandates set forth in Title II.

What types of public entities must comply with Title II?

Title II applies to all public entities, which encompass state and local governments; their departments and agencies; and any other instrumentalities of state or local government. This means that a wide array of services must comply, from public schools and transportation systems to recreational facilities and administrative offices. These entities are obligated to make modifications in their policies, practices, and procedures to avoid discrimination, unless doing so would fundamentally alter the nature of the service, program, or activity.

What are some examples of accommodations required under Title II?

Under Title II, accommodations must be made to ensure accessibility to persons with disabilities. This can include a variety of adjustments: making facilities accessible where possible, like adding ramps or installing elevators in public buildings; providing auxiliary aids and services, such as sign language interpreters or Braille materials; and modifying existing policies and procedures, like allowing service animals in publically-operated locations or offering alternative communication methods for those with hearing impairments. The goal is to ensure that the services are as accessible to people with disabilities as they are to others, allowing equal participation in public life.

What steps can a person take if they believe their rights under Title II are being violated?

If someone believes they are being discriminated against in violation of Title II, there are several steps they can take. Initially, they may want to contact the specific public entity involved and discuss the issue, as it might be resolved informally. If this does not lead to a satisfactory resolution, individuals can file a formal complaint with the U.S. Department of Justice, the entity that enforces Title II. Complaints must be filed within a specific timeframe, typically 180 days of the alleged discrimination. It's valuable to seek guidance from advocacy groups or legal professionals familiar with disability rights to help in navigating these processes, ensuring all necessary documentation and evidence support their claim.