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Government Entity Complaints

Title II

Title II of the Americans with Disabilities Act (ADA) governs how state and local government entities must provide  individuals with disabilities equal access to all programs and services of the entity.  Title II covers all levels of state and local government and their departments, making sure access is a priority everywhere.  This law applies to public entities like state agencies, cities, counties, schools, courts, and transportation systems. It guarantees that people with disabilities are not left out, denied benefits, or discriminated against in any government activity or service. This obligation extends beyond physical access and includes meaningful participation in public services. Title II applies to government programs, while Title III deals with private businesses and nonprofits, like restaurants, hotels, and stores. Both require accessibility and reasonable changes, but the difference is whether the entity is public or private.

Public entities must actively work to provide equal access. This includes changing policies or procedures if needed, so no one is unfairly treated or blocked from participating. For example, a government office might need to change how it delivers services or update rules that unintentionally leave people with disabilities out. This may include ensuring that people who are homebound receive vaccines, voting in a method that people could do so without assistance, or ensuring that court programs have sign language interpreters.

But there are limits. Public entities don’t have to make changes that would change the purpose of a program, or take actions that would put too much financial or administrative stress on these entities. If a certain accommodation isn’t possible, they still need to look for other ways to offer access.

For government entities with 50 or more employees, an ADA coordinator must be appointed to manage accessibility, handle complaints, create policies, and help people who need accommodations.

For any complaint or accommodation request – find the ADA coordinator.  The ADA coordinator is the key person who can explain to other employees of the entity as to what the law and their policies require when it comes to compliance with Title II of the ADA. All requests should be made through the ADA coordinator and the ADA coordinator will be able to address the request with the governmental entity. In the event a request is delayed or denied, every governmental entity should have a grievance policy where the decision will be reviewed.

If problems aren’t fixed internally, people can file a complaint with the U.S. Department of Justice (DOJ). The DOJ’s Civil Rights Division enforces ADA Title II and can investigate, encourage voluntary changes, or take legal action. You can find complaint instructions at https://www.ada.gov and https://www.ada.gov/file-a-complaint/.

KEY AUTHORITATIVE RESOURCES

 

ADA.gov (Department of Justice)
https://www.ada.gov
The primary federal resource for ADA enforcement. Includes Title II regulations, technical assistance materials, and official interpretations relied upon by courts.

DOJ Title II Technical Assistance Manual
Available through ADA.gov
Provides detailed explanations of Title II requirements, including examples of meaningful access and program accessibility.

U.S. Access Board
https://www.access-board.gov
Develops accessibility guidelines that inform physical and programmatic access standards.

ADA National Network
https://adata.org
Offers training and technical assistance on ADA compliance, including Title II issues.