ADA - Title II State and Local Government Activities Complaint Procedure Go back to Table of Contents Go back to Complaint Procedures Go forward to ADA - Title II Public Transportation Complaint Procedure Return to Web Version

"What if I find that some state or local government programs are not accessible?" Title II of the Americans with Disabilities Act requires that State and local governments give people with disabilities equal access to the programs, services and activities they sponsor.

Note: The main difference between Section 504 and Title II of the ADA is that one applies to the recipients of grants from the Federal government (Section 504) and the other applies only to state and local public entities (Title II). As an example, a school or college may be both a recipient of Federal funds from the U.S. Department of Education and also a public entity. In such cases, the institution is covered by both laws, and you should consider pursuing both complaint procedures.

Summary of this part of the ADA that is relevant to inaccessible technology: Title II requires that state and local governments give people with disabilities an equal opportunity to benefit from all of their programs, services, and activities (e.g. public education, employment, transportation, recreation, health care, social services, courts, voting, and town meetings). Title II also requires that public safety answering points, such as 9-1-1 call centers, be capable of receiving and responding to calls made by TTY users.

Public entities are not required to take actions that would result in undue financial and administrative burdens. They are required to make reasonable modifications to policies, practices, and procedures where necessary to avoid discrimination, unless they can demonstrate that doing so would fundamentally alter the nature of the service, program, or activity being provided.


When to use this procedure: You are a person with a disability, and you believe that you have encountered discrimination by a state or local government because you could not access a program or activity for which you are eligible. In the context of this guide, examples of that discrimination could be an inability to use information kiosks or online forms or an inability to access web-based information delivered by a state or local government.


Products and services that are covered by Section ADA - Title II (Subtitle A):

• All programs, services, and activities offered by state or local governments (e.g. public education, employment, transportation, recreation, health care, social services, courts, voting, and town meetings)



• Where necessary to ensure that communications with individuals with hearing, vision, or speech impairments are as effective as communications with others, the public entity must provide appropriate auxiliary aids such as qualified interpreters, assistive listening headsets, television captioning and decoders, telecommunications devices for deaf persons (TDD's), videotext displays, readers, taped texts, Brailled materials, and large print materials.

Other "fine print":

• Title II covers all activities of state and local governments regardless of the government entity's size or receipt of Federal funding.



• Complaints of Title II violations may be filed with the Department of Justice (DOJ) within 180 days of the date of discrimination.



• In certain situations, cases may be referred to a mediation program sponsored by the DOJ.



• Title II may be enforced through private lawsuits in Federal court. It is not necessary to file a complaint with the Department of Justice (DOJ) or any other Federal agency, or to receive a "right-to-sue" letter, before going to court.



• The DOJ may bring a lawsuit where it has investigated a matter and has been unable to resolve violations.

How to proceed with the complaint process:

Contact the person who manages the program, service, or activity and try to resolve the problem	Provide: Date(s) of the discrimination A description of the acts of discrimination, providing the name(s) where possible of the individuals who discriminated
Document your interactions with the state or local government	Dates of conversations, emails, letters or faxes Person(s) with whom you interacted, including their contact information Details of your conversations Copies of emails, letters or faxes
If you cannot resolve the problem through the internal grievance procedure of the state or local government...
Build and document your case	Your name, address, telephone/TTY number and email address Name, address, and phone number of the governmental department or program that you believe has discriminated Date(s) of the discrimination A description of the acts of discrimination, providing the name(s) where possible of the individuals who discriminated
Complete the Department of Justice's Title II complaint form	You can find a Title II complaint form at http://www.usdoj.gov/crt/ada/t2cmpfrm.htm or call: Voice: 1-800-514-0301 TTY: 1-800-514-0383
Sign the form and mail it to the DOJ	U.S. Department of Justice Civil Rights Division Disability Rights Section - NYAV 950 Pennsylvania Avenue, NW Washington, D.C. 20530 Tip: If you wish your complaint to be considered for referral to the Department's ADA Mediation Program, please mark "Attention: Mediation" on the outside of the envelope.

If you are interested in learning more about the ADA, check out these resources:

• The Department of Justice's Guide to Disability Rights Laws



• The Department of Justice's Questions and Answers on the ADA



• The National Council on Disability's position paper called, When the Americans with Disabilities Act Goes Online: Application of the ADA to the Internet and the Worldwide Web
  
  
• The Department of Justice's ADA Title II Technical Assistance Manual



• The Department of Justice's guide to Accessibility of State and Local Government Websites to People with Disabilities

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