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Get ReportTitle III of the ADA: What It Is and What It Requires
Title III of the Americans with Disabilities Act requires businesses that serve the public — both online and in person — to provide equal access to people with disabilities. Failure to comply can lead to lawsuits, reputational damage, and more. Below, you’ll learn exactly what Title III of the ADA is and how to meet compliance requirements.
Author: Missy Jensen, Senior SEO Copywriter
Published: 04/27/2026
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Title III of the Americans with Disabilities Act(opens in a new tab) (ADA) is a federal civil rights law that prohibits discrimination against people with disabilities in places of public accommodation, as well as private businesses and nonprofits that are open to the general public. It applies to both physical locations and digital content, including websites and mobile apps.
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 physical and online spaces, meaning organizations are legally required to make their digital content accessible to users with disabilities.
So what does Title III require? We’ll answer that below, as well as who Title III covers and how to meet ADA Title III compliance requirements both online and in person.
What is Title III of the ADA?
The ADA is a civil rights law designed to protect the rights of people with disabilities and ensure they have equal access to all areas of public life. Title III of the ADA(opens in a new tab) specifically prohibits discrimination against people with disabilities in places of public accommodation. Title III applies to private businesses and nonprofits open to the general public. State and local government entities are covered separately under Title II of the ADA.
Under Title III, private businesses and nonprofit organizations that are open to the general public must ensure people with disabilities have equal access to the goods, services, facilities, and accommodations they offer. This includes both physical locations (e.g., retail stores, restaurants, and medical offices) and digital spaces (e.g., websites, mobile apps, and online platforms).
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 general public. The ADA includes a broad categories of organizations that qualify, 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 and healthcare centers, doctors' offices, and hospitals
Places of lodging, such as inns and bed and breakfasts
Places of exhibition or entertainment, such as concert halls and convention centers
Essentially, any private organization that sells goods or services to the general public is considered a place of public accommodation and must comply with ADA accessibility requirements.
Title III vs. Title II of the ADA
Title II and Title III of the ADA both require accessible physical spaces and digital content, but they apply to different types of organizations. Title II covers state and local government entities, public schools, city governments, public transit systems, and public hospitals. Title III covers private businesses and nonprofits that are open to the general public.
One important distinction: Title II of the ADA now has a federal rulemaking deadline. The DOJ issued a final rule in 2024 requiring Title II entities to meet WCAG 2.1 Level AA for their websites and apps, with a compliance deadline of April 2026 for larger entities serving a population of 50,000 or more, and April 2027 for smaller entities and special district governments. Title III does not have an equivalent federal rule, but courts consistently apply WCAG 2.1 AA as the standard in Title III litigation.
Does ADA Title III Apply to Websites?
Yes, ADA Title II does apply to websites, and the legal record on this point is clear.
Although the original ADA was written in 1990, before the modern internet existed, the DOJ has consistently interpreted ADA Title III website accessibility as applying to digital content such as websites, mobile apps, and other digital platforms, particularly when they are connected to a physical business or serve as the primary way customers access a company's goods and services.
That interpretation has been tested and upheld in court. No case illustrates this more clearly than Robles v. Domino’s Pizza.
The Domino's Case: A Defining Legal Precedent
One of the most cited examples is Robles v. Domino's Pizza(opens in a new tab). In the 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 argued that the ADA did not apply to its digital platforms. The Ninth Circuit Court disagreed. The court ruled that because the website and app were heavily integrated with the company's physical restaurant locations, they were required to be accessible under Title III of the ADA.
The Domino's case and the many similar cases that have followed have helped establish a clear legal consensus: if your business serves the public and offers a digital presence, that digital presence must be accessible to people with disabilities.
What Standard Applies?
While Title III does not currently have a federal rule specifying an exact technical standard, the DOJ and U.S. courts have consistently pointed to the Web Content Accessibility Guidelines (WCAG) as the benchmark. Specifically, WCAG 2.1 Level AA is the standard applied in the vast majority of Title III enforcement actions, lawsuits, and DOJ settlements.
If your organization operates a public-facing website, mobile app, or digital product, meeting WCAG 2.1 Level AA is the most defensible approach to Title III compliance.
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ADA Title III Requirements
Title III requires places of public accommodation to ensure people with disabilities have equal access to their goods, services, and facilities. These requirements apply to both physical spaces and digital content.
Physical Space Requirements
Physical accessibility requirements under Title III have been in place for decades and are well established. Businesses must remove architectural barriers where it is readily achievable (meaning without significant difficulty or expense) and ensure their physical facilities are accessible to people with disabilities. 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 wherever possible. For a comprehensive overview of physical accessibility requirements, review the ADA's inspection checklist or work with a certified ADA consultant.
Digital Accessibility Requirements
The ADA does not specify exact technical specifications for digital accessibility, but the DOJ has stated that it will use WCAG as the benchmark for enforcement. WCAG is the international standard for digital accessibility. It is built around four principles, known as POUR: Perceivable, Operable, Understandable, and Robust. WCAG 2.1 Level AA is the standard applied in Title III enforcement.
Key digital accessibility requirements under WCAG include:
Alt text for images, charts, graphs, and other non-text content
Keyboard navigation for users who cannot use a mouse
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 headings and navigation structure
Accessible online documents (PDFs, forms, etc.)
Avoidance of content that flashes more than three times per second
For a full list of ADA-observed WCAG criteria, see AudioEye's ADA compliance checklist.
Which Organizations Are Exempt from ADA Title III?
Title III applies to the vast majority of private businesses and nonprofits that serve the public. Three categories of organizations are exempt from ADA compliance: religious entities, genuinely private membership clubs, and government entities covered under Title II.
Religious organizations, including churches, synagogues, mosques, temples, and other houses of worship, are fully exempt from Title III, including any programs or facilities they operate.
Private membership clubs that are genuinely exclusive and not open to the general public may also be exempt. The exemption is narrow. The IRS definition of a private club is strict, and organizations that advertise publicly, rent space for general-admission events, or routinely allow non-member access typically do not qualify.
State, local, and federal government entities are covered separately under Title II of the ADA and are not subject to Title III.
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How Is ADA Title III Enforced?
ADA Title III enforcement happens primarily through civil legal action either by private individuals, advocacy organizations, or the U.S. DOJ. There is no government inspection process or routine compliance audit. Most enforcement begins when someone encounters a barrier to access and files a complaint or lawsuit.
Unlike Title II, Title III does not have a federal rulemaking deadline for website compliance, but courts have consistently applied WCAG 2.1 AA as the de facto standard in litigation.
Private Lawsuits
Individuals with disabilities (or organizations acting on their behalf) can file a lawsuit against a business if they believe their rights under the ADA have been violated. In many cases, companies first receive an ADA demand letter outlining the alleged violation and requesting remediation before a lawsuit is filed. These lawsuits typically result in court orders requiring the business to improve accessibility, provide reasonable accommodations, or cover legal fees.
Digital accessibility lawsuits have increased significantly in recent years. In 2025, more than 8,500 website accessibility lawsuits were filed in the U.S.(opens in a new tab), and that figure does not include demand letters or state-level filings that never reach federal court.
DOJ Enforcement
The DOJ is also authorized to investigate Title III violations and initiate enforcement actions, particularly in cases with a broad public impact. DOJ enforcement actions are less common than private lawsuits but tend to carry more weight. When the DOJ does step in, organizations may face settlement agreements, public reporting requirements, or formal consent decrees requiring compliance within a set timeframe.
Civil, Not Criminal
Title III of the ADA is a civil law. Non-compliance does not carry criminal penalties or jail time. However, businesses found in violation can face court orders, injunctive relief, and legal costs, as well as the reputational impact of being publicly named in an ADA case.
How to Ensure Compliance with ADA Title III
Whether you are managing a physical location, a website, or both, Title III compliance comes down to ensuring that everyone, regardless of ability, can access and engage with your services — both online and in person. Here is how to approach compliance on both fronts.
Physical Compliance
For physical spaces, compliance typically involves removing architectural barriers and ensuring your environment is safe and navigable for people with disabilities. Start with the ADA's inspection checklist to understand what your facility needs. Key improvements include:
Installing ramps and accessible entrances
Providing clear, readable signage, including braille signage
Ensuring accessible restrooms and designated parking spaces
For complex situations or older buildings, consider working with a certified ADA consultant who specializes in evaluating physical spaces.
Digital Compliance
Digital accessibility compliance is more achievable than many businesses expect. The most effective approach follows four steps:
Run a baseline accessibility audit to identify existing WCAG violations on your website and digital content.
Prioritize critical violations, particularly those that prevent users from navigating, reading, or interacting with your content.
Implement fixes following the WCAG requirements. Use a WCAG checklist as guidance.
Monitor continuously. Accessibility is not a one-time fix. New content and platform updates can introduce new violations.
Don’t Navigate ADA Compliance Alone
ADA Title III compliance isn’t a one-time fix. It’s an ongoing process. As your online content changes, so do your compliance obligations. This is where an accessibility partner, like AudioEye, makes a real difference.
AudioEye combines automated scanning, human expert review, and input from members of the disability community to detect and fix accessibility issues that put your organization at risk. AudioEye's free automated accessibility scan identifies common accessibility issues across your site and gives you a clear starting point for fixes. The platform then applies automated fixes for issues that can be resolved programmatically, while AudioEye's team of accessibility experts addresses the issues that require human judgment.
Ready to see how AudioEye can help you meet ADA Title III compliance requirements? Schedule a free demo.
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