Does Title II of the Americans with Disabilities Act apply to born-digital archival collections?

Question

In April 2024, the Federal Register published the US Department of Justice’s final rule on Title II of the Americans with Disabilities Act (ADA). The rule includes specific requirements for state and local governments to ensure that web content and mobile applications are accessible to people with disabilities.

Answer

Thank you for such a thoughtful (and complex) question.

To answer it, I am going to respond in the form of a dialogue between a lawyer and librarian that will allow other Ask the Lawyer readers at public institutions to assess if their born-digital archives must comply, too.