State Law Summary
The requirements for website accessibility in New Hampshire follow a similar pattern to other states, but with some specific state-level policies and deadlines you should be aware of. The rules differ significantly for public sector entities versus private businesses.
For a quick overview, the table below summarizes the key differences:
| Entity Type | Primary Governing Law/Policy | Key Standard | Compliance Deadline(s) |
|---|---|---|---|
| Public Entities (State Agencies, Local Governments) | NH Information Technology Accessibility Policy & federal ADA Title II | WCAG 2.1 Level AA | April 24, 2026 (entities serving 50,000+ people) April 26, 2027 (entities serving fewer than 50,000) |
| Private Businesses ("Places of Public Accommodation") | ADA Title III & NH Public Accommodation Laws (RSA 354-A) | WCAG 2.1 Level AA (as the de facto legal standard) | No set deadline, but lawsuits are active now |
Requirements for Public Entities in New Hampshire
New Hampshire has established clear, enforceable standards for public sector digital accessibility through both state policy and federal mandate.
- New Hampshire Information Technology Accessibility Policy: Effective June 25, 2024, this statewide mandate (Doc No. NHS0305, Version 4) requires all state agencies to ensure their IT solutions are accessible . This applies to all internal and external digital resources, including:
- Websites and mobile applications
- Videos and social media content
- Documents (PDFs, Word, PowerPoint)
- Hardware such as kiosks and display screens
- Alignment with Federal Law: The U.S. Department of Justice issued a Final Rule under ADA Title II in April 2024, which for the first time spelled out exactly what web accessibility means for state and local governments . Both state and federal requirements mandate conformance with WCAG 2.1 Level AA .
- The Compliance Deadlines: The deadlines vary based on population size :
- April 24, 2026: State agencies and municipalities serving more than 50,000 people
- April 26, 2027: Municipalities serving fewer than 50,000 people and special districts
- State Support for Compliance: To help municipalities achieve compliance, New Hampshire is offering access to DubBot, a tool that scans websites for accessibility barriers and provides actionable recommendations. This service, funded by ARPA funds, is available through October 2026 .
Website Compliance Rules
Implications for Private Businesses in New Hampshire
For private businesses, the legal landscape combines federal ADA requirements with specific New Hampshire state laws.
- Federal ADA Title III: Private businesses that are considered "places of public accommodation" are covered under Title III of the federal ADA . A February 2025 court ruling in Frost v. Lion Brand Yarn Company explicitly rejected the idea that online-only businesses are exempt from the ADA, stating that a website "is not meaningfully different from a physical 'shopping center'" when it comes to accessibility requirements .
- New Hampshire Public Accommodation Laws: New Hampshire has its own state laws (RSA 354-A) that make it unlawful to deny any person with a physical or mental disability the full enjoyment of accommodations, advantages, facilities, or privileges of any place of public accommodation . This includes publishing any communication indicating that services may be denied on the basis of disability .
Damages & Penalties
Consequences of Non-Compliance
Failing to ensure website accessibility can lead to serious consequences in New Hampshire.
- Financial Penalties:
- Federal fines: Up to $75,000 for a first violation and $150,000 for subsequent violations
- State penalties: Under New Hampshire law, defendants may be subject to fines of $10,000 for a first offense and up to $75,000 thereafter
- Plaintiffs may also recover compensatory damages and reasonable attorney fees
- Legal Trends: In the first half of 2025 alone, plaintiffs filed over 2,000 accessibility lawsuits nationwide, with a year-end projection of nearly 5,000 cases. E-commerce sites are the primary targets, making up 69% of all lawsuits .
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