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What If a Government Says It Is Too Expensive or Too Hard?
For effective communication, the government carries the burden, in writing, and still has to provide access another way.
This rule sits in the effective communication part of the regulation (subpart E). It is not a general rule for every ADA request.
“This subpart does not require a public entity to take any action that it can demonstrate would result in a fundamental alteration in the nature of a service, program, or activity or in undue financial and administrative burdens. In those circumstances where personnel of the public entity believe that the proposed action would fundamentally alter the service, program, or activity or would result in undue financial and administrative burdens, a public entity has the burden of proving that compliance with this subpart would result in such alteration or burdens. The decision that compliance would result in such alteration or burdens must be made by the head of the public entity or his or her designee after considering all resources available for use in the funding and operation of the service, program, or activity and must be accompanied by a written statement of the reasons for reaching that conclusion. If an action required to comply with this subpart would result in such an alteration or such burdens, a public entity shall take any other action that would not result in such an alteration or such burdens but would nevertheless ensure that, to the maximum extent possible, individuals with disabilities receive the benefits or services provided by the public entity.”Source: 28 C.F.R. 35.164 (duties).
Can a Government Retaliate Against Me for an ADA Complaint?
No.
“No private or public entity shall discriminate against any individual because that individual has opposed any act or practice made unlawful by this part, or because that individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under the Act or this part.”
“No private or public entity shall coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other individual in the exercise or enjoyment of, any right granted or protected by the Act or this part.”
Do Government Websites Have to Be Accessible?
Yes, with fixed technical deadlines.
“A public entity shall ensure that the following are readily accessible to and usable by individuals with disabilities: (1) Web content that a public entity provides or makes available, directly or through contractual, licensing, or other arrangements; and (2) Mobile apps that a public entity provides or makes available, directly or through contractual, licensing, or other arrangements.”
“On April 20, 2026, the Federal Register published the Department’s Interim Final Rule (IFR) extending the compliance date for State and local government entities with a total population of 50,000 or more to April 26, 2027. The compliance date for public entities with a total population of less than 50,000, or any special district government, is extended to April 26, 2028.”Source: U.S. Department of Justice, ADA.gov, Fact Sheet: State and Local Government Web and Mobile App Rule.
The technical standard is WCAG 2.1 Level A and AA, with exceptions listed in the rule. The size test here is population, not the 50 employee test above. These later dates do not pause a government’s existing duties to communicate effectively and make reasonable modifications.
How Do I File an ADA Complaint?
Who may file, by when, and where.
“An individual who believes that he or she or a specific class of individuals has been subjected to discrimination on the basis of disability by a public entity may, by himself or herself or by an authorized representative, file a complaint under this part.”Source: 28 C.F.R. 35.170 (complaints).
“A complaint must be filed not later than 180 days from the date of the alleged discrimination, unless the time for filing is extended by the designated agency for good cause shown. A complaint is deemed to be filed under this section on the date it is first filed with any Federal agency.”Source: 28 C.F.R. 35.170 (complaints).
The rule sets 180 days from the date of the discrimination, and lets the agency extend that for good cause. Where a problem is still going on, when that clock starts can be a question in itself. If you are near 180 days, do not wait to find out: file, and say in the complaint that the conduct is continuing.
“An individual may file a complaint with any agency that he or she believes to be the appropriate agency designated under subpart G of this part, or with any agency that provides funding to the public entity that is the subject of the complaint, or with the Department of Justice for referral”Source: 28 C.F.R. 35.170 (complaints).
File a federal ADA complaint with the U.S. Department of Justice: ada.gov/file-a-complaint. In Georgia you can also tell the State of Georgia ADA Coordinator’s Office, which tracks complaints but is not an enforcement agency.
Court enforcement is a different route. The next statute is about enforcement rights and remedies. An agency complaint and a lawsuit have different procedures, standards and deadlines.
“The remedies, procedures, and rights set forth in section 794a of title 29 shall be the remedies, procedures, and rights this subchapter provides to any person alleging discrimination on the basis of disability in violation of section 12132 of this title.”Source: 42 U.S.C. 12133 (enforcement).
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Back to Part 1: What Is ADA Title II? The Rules, in the Government's Own Words