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When ADA Compliance Means Deleting the Record

Summary

A new federal rule is meant to make government websites easier for people with disabilities to use. But in some places, cities are responding by removing older documents instead of fixing them. Advocates warn that this limits access to public information and places extra burdens on disabled people, who may now have to request records individually. The rule, issued by the U.S. Department of Justice, sets deadlines for compliance, but experts say real accessibility should make information easier to find, not make it disappear.

A federal rule meant to expand digital access for people with disabilities is having an unintended effect: local governments are quietly removing documents from public websites.

In 2024, the U.S. Department of Justice finalized updates to Title II of the Americans with Disabilities Act, clarifying that state and local government websites and apps must be accessible to disabled users. The rule requires features like captions for videos, compatibility with screen readers, and other digital tools that allow people with hearing or vision impairments to access public information (Jason Clayworth, Axios, Jan. 22, 2026).

The threat of enforcement—through federal investigations, lawsuits, or settlements—has prompted a scramble among cities to comply. In the Des Moines area, several local governments told Axios that rather than retrofit thousands of old files, they are removing some documents altogether, particularly those that are older or rarely used (Clayworth).

The result is a paradox. A civil rights rule designed to broaden access is shrinking the public record.

Advocates for disability rights and government transparency argue that deleting documents undermines the spirit of the ADA. Randy Evans, executive director of the Iowa Freedom of Information Council, warned that removals limit access for everyone, not just disabled users (Clayworth).

Cities cite costs as a key driver. One suburb has earmarked $40,000 for accessibility work; another opted for a $2,300 trial of an automated accessibility tool. Others have folded compliance into broader website redesigns (Clayworth). But disability policy experts say the situation exposes a familiar problem: federal mandates without adequate funding.

“These predicaments illustrate what happens when regulations are issued without the resources to implement them,” said Daniel Van Sant of the Harkin Institute, who also noted that much of the rule applies to future content—making some removals unnecessary (Clayworth).

Larger governments must comply by April 24, with smaller jurisdictions given an additional year. As deadlines near, the question is no longer whether governments will comply, but how. True accessibility should expand access to public life—not quietly erase it.


📌 What This Means for Disabled Residents

  • Fewer documents online: Budget records, reports, or meeting materials—especially older ones—may disappear from public websites.
  • Access shifts to “by request”: While records may still exist, residents often must email, call, or file formal requests to obtain them.
  • Higher burdens: These extra steps disproportionately affect disabled people, particularly those with cognitive, mobility, or energy-limiting disabilities.
  • A broader impact: Reduced digital access affects journalists, researchers, advocates, and the general public—not just disabled users.

Accessibility that relies on removal instead of remediation risks replacing one barrier with another.


🧭 DisabilityGazebo Resource Sidebar

If documents are removed or inaccessible, here are steps you can take:

Request the document

  • Contact the city or county clerk’s office and request the file in an accessible format.
  • Under the ADA, governments must provide reasonable accommodations for access.

File an ADA complaint

Advocate locally

  • Ask local governments how they are complying with ADA Title II without deleting public records.
  • Push for accessibility budgets that prioritize remediation over removal.
  • Encourage policies that keep archives online with clear accessibility plans.

Stay informed

  • Follow DisabilityGazebo for updates on digital accessibility, ADA enforcement timelines, and tools for disability-led civic engagement.

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