State Law Summary
State and Local Government (Title II)
Michigan’s government digital standards are primarily managed by the Department of Technology, Management & Budget (DTMB).
- Standard 1360.00.11: This is the core policy for Michigan’s executive branch. It mandates that all public-facing state websites and applications must conform to WCAG 2.1 Level AA at a minimum.
- The 2026 Compliance Deadline: Following the DOJ's 2024 ruling, Michigan has established a hard deadline for its public entities:
- April 24, 2026: Deadline for the state government, large municipalities (over 50,000 residents), and public universities (e.g., U-M, MSU).
- April 2027: Deadline for smaller townships and special districts.
- The "eMichigan" Review: Any new state website or application must undergo a "Digital Standards Review" by the eMichigan team. This is an iterative process where the code is audited for accessibility, and issues must be remediated before the site can go live.
- Procurement: Michigan has aggressive procurement rules. Vendors selling digital services to the state must provide a VPAT and are often contractually liable for accessibility defects discovered after launch.
Website Compliance Rules
Private Businesses (Title III)
For private companies, compliance is enforced through the federal ADA and the Michigan Persons with Disabilities Civil Rights Act (PWDCRA).
- The Sixth Circuit Ruling: Michigan falls under the jurisdiction of the Sixth Circuit Court of Appeals. Historically, this court has favored the "nexus" rule, meaning a website is covered by the ADA if it has a clear connection to a physical place of public accommodation (like a retail store or a car dealership).
- Expansion of the PWDCRA: While the ADA is federal, the Michigan PWDCRA is a state-level civil rights law that prohibits discrimination in public accommodations. In recent years, Michigan courts have become more open to interpreting "public accommodation" to include digital services, especially as more commerce moves exclusively online.
- E-Commerce Risk: Despite the "nexus" protections, Michigan-based e-commerce businesses are frequently targeted by out-of-state "surf-by" lawsuits. Because these businesses operate across state lines, they are often sued in more "plaintiff-friendly" circuits (like the Ninth or Second Circuits) if their site is accessible to users in those states.
Damages & Penalties
Technical Implementation Standards
Michigan’s DTMB and major universities (like Michigan State) are currently moving toward WCAG 2.2 AA as the proactive goal for 2026. Key focus areas include:
| Category | Requirement | Michigan Priority |
|---|---|---|
| Visuals | Contrast Ratio | Text must maintain a 4.5:1 ratio against the background. |
| Navigation | Keyboard Focus | Users must be able to see exactly where their "cursor" is when tabbing through a site. |
| Documents | PDF Accessibility | Michigan state agencies are currently auditing and replacing all non-tagged PDF forms. |
| Naming | "Mi" Branding | Any state app using the "Mi" prefix (e.g., MiBridges) must follow specific capitalization and casing rules for screen-reader clarity. |
Export to Sheets
The "Small Business" Protection Act
A key development in the 2025–2026 Michigan legislative session is the discussion around Senate Bill 828, which explores providing a "notice and cure" period for small businesses. If passed, this would require a plaintiff to give a business 90 days to fix an accessibility error before a lawsuit can be filed, specifically aimed at curbing predatory litigation.
Would you like me to find the specific DTMB-3533 form or the technical checklist the State of Michigan uses to vet web developers before their code is allowed into production?
Comments
Log in to add a comment.