Jurisdiction
US-CO
Laws
3
Checked
2026-11-05
/ US state law

Colorado: WCAG 2.1 AA for every public entity, enforced in court

Colorado gives people with disabilities a court action against state and local governments whose technology falls short of the state's own rules. The rules name WCAG 2.1 AA and require a public accessibility statement.

/ The laws

What each statute says

Accessibility standards for individuals with a disability

C.R.S. 24-85-103 (HB21-1110)

Who it binds
Information technology systems of public entities: the state and its agencies, and local governments with their departments, agencies and special districts.
What it requires
The chief information officer sets accessibility standards by rule. Those rules are 8 CCR 1501-11.
Enforcement
Through C.R.S. 24-34-802.

Technology Accessibility Rules

8 CCR 1501-11

Who it binds
Public entities as defined in C.R.S. 24-34-301(18), for all ICT in active use on or after July 1, 2024, public-facing or internal, provided directly or through contractual, licensing or other arrangements.
What it requires
Meet one compliance option in Rule 11.5 (the technical standard, a conforming alternate version, reasonable accommodations on request, a published and annually updated accessibility plan, or procuring the best-meeting product) and post the technology accessibility statement in Rule 11.6. The technical standard for digital content is WCAG 2.1 Level A and AA as published on 21 September 2023.
Enforcement
OIT amended the rules in May 2025. Enforcement runs through the courts under C.R.S. 24-34-802.

Violations, penalties, immunity

C.R.S. 24-34-802(1)(c), as amended by HB24-1454

Who it binds
Public entities and state agencies as defined in C.R.S. 24-34-301.
What it requires
Failing to fully comply with the OIT standards counts as discrimination. Liability for content lies with the entity that manages the content; for the platform, with the entity that manages the platform.
Enforcement
An individual with a disability can sue. According to OIT, a court can order the entity to fix the issues and pay either $3,500 per violation or actual monetary damages. HB24-1454 gave immunity until July 1, 2025 to entities that showed good faith efforts, and that provision repealed itself on July 1, 2025.

Who it binds

Colorado's law reaches every level of government in the state: state agencies, and local governments with their departments, agencies and special districts. It covers all information and communication technology in active use, internal tools as well as public websites, including technology provided through contracts and licenses.

It does not bind private businesses. They remain under federal ADA Title III and the state's general civil rights law.

What the rules require

Rule 11.5 lets a public entity comply in one of five ways: meet the technical standard, provide a conforming alternate version, give reasonable accommodations or modifications on request without charging for them, publish an accessibility plan showing good faith progress and update it every year, or procure the product that best meets both the standard and the entity's needs. The technical standard is WCAG 2.1 Level A and AA.

Whatever option it picks, the entity must also post a technology accessibility statement in a conspicuous place. Rule 11.6 sets the minimum content: a commitment to removing barriers, a commitment to respond in good time, and a prominent notice on how to request accommodations and report inaccessible technology, with more than one contact method.

Enforcement and dates

There is no enforcement agency and no filing requirement. OIT states that compliance is enforced through the courts: an individual with a disability can sue, and a liable entity can be ordered to fix the problem and pay $3,500 per violation or actual damages. The rules apply to technology in active use from July 1, 2024. HB24-1454, approved on 24 May 2024, gave entities that could show good faith efforts immunity until July 1, 2025. That grace period has ended.

OIT also says platform providers, including vendors, are required to provide a platform compliant with the standards, and the statute places liability for a platform on the entity that manages it.

How it sits with federal law

State law here adds to federal law; it does not replace it. Every city, county, school district and special district in Colorado is bound by the federal Title II web rule, 28 CFR 35.200, which requires WCAG 2.1 Level AA on web content and mobile apps: from April 26, 2027 for public entities of 50,000 people or more, and from April 26, 2028 for smaller entities and special districts. State agencies are bound by the same rule at the earlier date.

Private businesses open to the public answer to ADA Title III. A private plaintiff can sue for an injunction and ask for attorney's fees; the Department of Justice can sue for damages and civil penalties. No federal regulation names a web standard for businesses, so audits use WCAG 2.1 or 2.2 Level AA as the working benchmark.

What to take from it

A Colorado public body: post the Rule 11.6 statement now, pick a compliance option you can defend, and keep the evidence. A vendor selling a platform to one: expect to be asked to show WCAG 2.1 AA conformance and to fix gaps, because your customer carries the liability for the platform it manages.

/ Questions

Questions people ask

What is the penalty under Colorado's accessibility law?
OIT says a court can order a liable government entity to fix the issues and pay either $3,500 per violation or actual monetary damages, under C.R.S. 24-34-802.
Does Colorado's law apply to private businesses?
No. It applies to state agencies and local governments, including special districts. Private businesses fall under federal law and general state civil rights law.
Is the July 1, 2025 grace period still in effect?
No. The good faith immunity added by HB24-1454 ran until July 1, 2025 and the provision repealed itself on that date.
/ Sources

Where each statement comes from

Checked against the sources on .

This page explains the rules in general terms. It is not legal advice, and it does not tell you whether a rule applies to your organisation. For that, ask a lawyer who practises in the jurisdiction.