Title III of the ADA: Defined, Outlined, and Explained

One of the biggest misconceptions around the Americans with Disabilities Act (ADA) lies with Title III. For years, Title III of the ADA was largely associated with physical spaces — think retail shops, restaurants, hotels, office buildings, etc. But in today’s digital world, that line has blurred. The U.S. Department of Justice (DOJ) has repeatedly stated that the ADA applies to both public and online content, meaning that organizations are legally obligated to make their digital content accessible to users with disabilities. 

So what exactly does Title III require — and how does it affect how your business creates digital content? Below, you’ll learn what Title III is, who it applies to, what the compliance requirements are, and how to ensure your online content meets Title III requirements.

What is Title III of the ADA?

The ADA is a civil rights act designed to protect the rights of individuals with disabilities and ensure they have equal access to all areas of public life. Title III of the ADA specifically prohibits discrimination against the disability community in places of public accommodation.

Under Title III regulations, these businesses must ensure people with disabilities have equal access to the goods, services, facilities, and accommodations they offer. In the past, this applied only to providing physical access to public places, meaning businesses had to implement things like wheelchair ramps, accessible parking and restrooms, braille signage, and allow service animals inside. 

Today, the DOJ has made it increasingly clear that websites and digital content offered by public businesses are also subject to ADA regulations, More simply, if your organization has a public-facing website, mobile app, or other digital product, you are required to make that content accessible to people with disabilities, including users who rely on assistive technology, screen readers, or keyboard navigation.

Title III vs. Title II of the ADA

Understanding the difference between Title II of the ADA and Title III can get confusing, so let’s break it down.

Title II applies to public entities, such as state and local governments. This includes public schools, city governments, public transportation authorities, and public hospitals. Title III, on the other hand, applies to private businesses and non-profits that are considered places of public accommodation, which we’ll cover in more detail below. 

The bottom line: both Title II and Title III require organizations to make their physical and online spaces accessible to individuals with disabilities. However, they apply to different types of organizations (as mentioned above). 

What is a “Place of Public Accommodation”? 

Under Title III, a “place of public accommodation” refers to private businesses and nonprofit organizations that are open to the public. The law outlines 12 broad categories of companies that fall into this category, including:

• Restaurants and bars

• Retail stores, grocery stores, and shopping centers

• Hotels and motels

• Theaters and stadiums

• Amusement parks

• Golf courses

• Banks and service establishments

• Private schools and daycare centers

• Gyms, spas, and recreational facilities

• Medical or healthcare centers, doctors’ offices, and hospitals

Essentially, any commercial facility that provides goods or services to the public must comply with ADA accessibility requirements.

ADA Title III and Website Accessibility

Because the original version of the ADA was written in 1990, long before the internet became what it is today, the act does not explicitly mention websites. That has since changed as technology has evolved and the world has become increasingly digital. New legal requirements have since been created to fill in these gaps and ensure individuals with disabilities have equal opportunities online. 

A key example is the Domino’s Pizza vs. Robles case. In this lawsuit, a customer with a visual impairment sued Domino’s after being unable to order food through the company’s website and mobile app using a screen reader. Domino’s tried to argue that the ADA didn’t apply to its digital platform, but the courts disagreed. The Ninth Circuit Court ruled that since the website and app were heavily integrated with the physical restaurant locations, they must be accessible under Title III. 

The Domino’s case — and others like it — have helped establish a growing legal consensus: If your business serves the public and offers digital content, that content must be accessible.

Stylized laptop with various accessibility icons on the top of the page. The laptop is sitting on top of a closed book.

ADA Title III Requirements

As mentioned above, Title III of the ADA requires that places of public accommodation take steps to ensure people with disabilities have equal access to their goods, services, and facilities. To provide that equal access, businesses must meet specific requirements in both their online and public spaces. 

Let’s break these down further.

Physical Space Requirements

You’re likely familiar with the ADA’s physical space requirements — they’ve been a visible part of public life for the last few decades. Under Title III, businesses must remove physical barriers where it is readily achievable (meaning without much difficulty or expense), and ensure individuals with disabilities can access their physical facilities. 

Some of these requirements include:

• Installing ramps or curb cuts

• Making entrances and doorways wide enough for wheelchair access

• Providing accessible parking spaces

• Adding braille or tactile signage

• Ensuring restrooms meet accessibility standards

• Offering assistive listening devices in public assembly areas

• Maintaining clear floor space for navigation

Even businesses in older buildings are required to make reasonable modifications to improve accessibility wherever possible.

Digital Space Requirements

While the ADA doesn’t lay out exact rules or technical specifications for digital compliance, the DOJ has stated it will enforce the accessibility standards outlined in the Web Content Accessibility Guidelines(opens in a new tab) (WCAG), which is the international standard for digital accessibility. 

WCAG includes accessibility features like:

• Alt text (also called alternative text) for non-text content, including images, charts, graphs, etc.

• Keyboard navigation for users who rely on keyboard commands and shortcuts.

• Screen reader compatibility for assistive technology users

• Sufficient color contrast between text and background elements.

• Captions or transcripts for video and audio content.

• Clear, consistent navigation and headings.

These are just some of the accessibility features listed

Title III Exemptions

Though Title III applies to most organizations open to the public, there are a few nuances within Title III that leave some businesses exempt from ADA compliance. Understanding those exceptions is especially important for small businesses or startups.

Which Organizations are Exempt from Title III?

• Religious organizations: Religious entities, such as churches, synagogues, mosques, and other houses of worship, are fully exempt from Title III of the ADA. This exemption extends to any programs or facilities they operate, even if those services would otherwise be considered public accommodations. For example, a church-run daycare, food pantry, or event space is not legally required to meet Title III accessibility standards. 

• Private clubs: Membership-based clubs that are genuinely exclusive and not open to the general public are also exempt. These might include private entities like exclusive country clubs, fraternal organizations, or elite social clubs that carefully control their membership and do not advertise services to the general public. It’s important to note that not all “private” clubs qualify. If an organization markets itself to the public, rents space for public events, or allows non-members regular access, it may lose its exemption status.

• Entities covered by Title II: As mentioned above, state, local, and federal agencies, such as public schools, libraries, parks, and city services, are covered under ADA Title II. Some of these entities may be required to comply with state law or other nondiscrimination laws. 

  
  Though these organizations are legally exempt from meeting ADA compliance requirements, businesses are strongly encouraged to incorporate accessibility features to provide a better user experience.

How is ADA Title III Enforced?

ADA Title III enforcement happens primarily through civil legal action — either by individuals or the U.S. DOJ. Unlike some regulations, there’s no government inspection process or routine compliance check. Most enforcement begins when someone files a complaint or lawsuit after experiencing a barrier to access.

For example, individuals with disabilities (or advocacy groups) can file an ADA lawsuit against businesses if they believe their rights under the ADA have been violated. These lawsuits typically end with courts ordering businesses to make accessibility improvements, provide reasonable accommodations for the individual, or cover legal fees.

Over the last few years, the number of digital accessibility lawsuits has steadily increased. 2024 saw a total of 8,800 lawsuits filed(opens in a new tab) related to website accessibility — and that number doesn’t include the many demand letters and state-level filings that never make it to court.

DOJ Enforcement

The DOJ is also authorized to investigate violations of Title III and enforce compliance, particularly in cases that could have a broad public impact. While DOJ enforcement actions are less common than private lawsuits, they tend to carry more weight and publicity. 

When the DOJ does step in, organizations may face settlement agreements, public reporting requirements, or formal consent decrees mandating that the organization meet the requirements of the ADA within a set timeframe. 

It is worth noting: Title III of the ADA is a civil law, not criminal. That means businesses won’t face jail time or criminal charges for non-compliance. However, they can face lawsuits, court orders, and steep legal costs — not to mention the reputational impact of being publicly named in an ADA violation case.

How to Ensure Compliance with ADA Title III

Whether you’re managing a brick-and-mortar business, a digital platform, or both ADA Title III compliance comes down to making sure everyone — regardless of ability — can access and engage with your offerings. This includes your physical space and your digital presence.

Here’s how to ensure ADA compliance on both fronts:

Achieving Physical Compliance

For physical spaces, Title III compliance typically involves removing architectural barriers and ensuring your environment is navigable and safe for people with disabilities. This can include:

• Installing ramps and accessible entrances

• Providing clear, readable signage or braille signage

• Offering accessible restrooms and parking spaces

To help you better understand the physical requirements you need to meet, review the ADA’s inspection checklist(opens in a new tab) or work with certified ADA consultants who specialize in evaluating physical spaces.

Achieving Digital Compliance

While achieving digital compliance can feel more complex, it’s not as difficult as you think. Implementing small, intentional changes can help enhance accessibility and bring you closer to ADA compliance standards. Below are some of the key elements of accessibility you can implement in your content:

• Alt text for images and multimedia

• Keyboard-only navigation

• Screen reader compatibility

• Proper use of headings and semantic structure

• Sufficient color contrast and readable fonts

• Captions for video content

• Accessible online documents

• Consistent navigation and layout across pages

• Avoiding flashing content that could trigger seizures

These are just some of the WCAG guidelines your digital content should include to align with ADA standards for accessible design. For a more comprehensive list, check out our WCAG checklist.

As you’re working to implement digital accessibility standards, you may want to consider working with an accessibility partner. Doing so can help you navigate the complexities of digital compliance — and help you find the right approach. 

Take AudioEye, for example. AudioEye takes a three-pronged approach to accessibility, combining automation and human-assisted AI technology to detect and fix issues that put your organization at risk for non-compliance. 

We start with a free, automated accessibility scan that detects 32 WCAG violations (more than any other tool on the market), giving you a clear starting point for enhancing accessibility. Our Automated Fixes resolve some of these issues while our team of accessibility experts and members of the disability community fix the rest. Plus, with AudioEye Assurance, you’ll enjoy a level of protection that’s 400% better than consulting or automation-only approaches. The result is an accessible, compliant website that works for all users.

Ready to see how AudioEye’s approach to accessibility helps you meet ADA Title III compliance standards? Schedule a demo today.