Maine Digital Accessibility Law
Maine has a binding statewide standard: the Office of Information Technology (OIT) Digital Accessibility and Usability Policy, issued by the Chief Information Officer under Title 5 M.R.S. ch. 163 sec. 1973, requires WCAG 2.1 Level A and AA plus the revised Section 508 Standards for executive-branch agencies' websites, software, hardware, and for vendors (who must submit a VPAT/ACR). The policy itself is administrative with no monetary penalties; its enforcement is complaint- and testing-driven by the CIO/OIT. Statutory teeth come from the Maine Human Rights Act (5 M.R.S. ch. 337), which provides a private right of action in Superior Court and civil penal damages of up to $20,000/$50,000/$100,000 (first/second/third order) for public-accommodations and government-services discrimination, plus the federal ADA Title II baseline (WCAG 2.1 AA, compliance Apr 26, 2027 / Apr 26, 2028).
What the law requires
- Responsible agency Maine Office of Information Technology (OIT), Department of Administrative and Financial Services; Chief Information Officer enforces the Digital Accessibility and Usability Policy. The Maine Human Rights Commission administers the Maine Human Rights Act. (maine.gov/oit/accessibility) (opens in new tab)
- Adopted standard WCAG 2.1 Level A and AA, plus the revised Section 508 Standards (2017). Per the policy: all public-facing digital content, listed nonpublic-facing content, and all agency software must comply with both the revised Section 508 Standards and WCAG 2.1 A/AA; hardware must conform to the revised Section 508 Standards. Vendors must conform to WCAG 2.1 A/AA and revised Section 508 and submit an ACR (VPAT, WCAG edition).
- Who it covers Executive-branch state agencies and other entities falling within the Chief Information Officer's domain (digital information and services made available to the public and/or employees). Explicitly covers websites/web content, software, hardware, and support documentation, and binds vendors/contractors through procurement requirements (IT Procurement / Division of Procurement Services). The policy does not itself bind local governments or public higher education; those entities are reached through the federal ADA Title II baseline and the Maine Human Rights Act, which covers state and local government services and public accommodations.
- Private right of action Yes (via the Maine Human Rights Act, not the OIT policy). Title 5 M.R.S. sec. 4613 allows actions in Superior Court by the Maine Human Rights Commission or by any aggrieved person, including after/independent of a Commission complaint. The OIT Digital Accessibility Policy itself is an internal administrative standard with no private cause of action; its enforcement is by the CIO and is complaint/testing-driven. Federal ADA Title II also provides a private right of action.
- Statutory damages / penalties No digital-accessibility-specific statutory damages. Under the Maine Human Rights Act (5 M.R.S. sec. 4613), civil penal damages for non-employment discrimination (including public accommodations / government services) are capped at up to $20,000 for a first order, up to $50,000 for a 2nd order, and up to $100,000 for a 3rd or subsequent order against the same respondent under the same subchapter; courts may also award compensatory and other relief (cease-and-desist, injunctive/equitable remedies) and attorney's fees. The OIT policy imposes no monetary penalties; non-compliance risks are litigation, reputational, and exclusion-related.
- Exemptions OIT policy exempts archived digital information/services and legacy content not substantially modified or enhanced since the policy's original issue date (legacy content remains subject to prior OIT accessibility policies). A waiver process exists, but a waiver does not absolve the agency of federal/state legal obligations. Where content cannot be made accessible, agencies must provide an Equally Effective Alternative Access Plan (EEAAP). Federal ADA Title II undue-burden and fundamental-alteration defenses apply as the baseline.
- Governing authority Maine OIT Digital Accessibility and Usability Policy (v3.1, rev. May 29, 2026), issued under Title 5 M.R.S. ch. 163 sec. 1973(1)(B), which authorizes the CIO to set policies and standards including standards of the federal ADA for information technology. Statutory anti-discrimination backstop: Maine Human Rights Act, Title 5 M.R.S. ch. 337 (sec. 4592 public accommodations / state and local government services; remedies at sec. 4613). Federal ADA Title II (28 CFR Part 35) also applies.
- Compliance deadline No distinct state-policy compliance date; the Digital Accessibility and Usability Policy is in effect (current revision May 29, 2026) and applies on an ongoing basis. Federal ADA Title II WCAG 2.1 AA deadlines also apply: Apr 26, 2027 (populations >= 50,000) and Apr 26, 2028 (smaller entities).
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Evaluate a VPAT FreeOfficial sources:
maine.gov/oit/accessibility (opens in new tab)
maine.gov/oit/sites/maine.gov.oit/files/inline-files/DigitalAccessibilityPolicy.pdf (opens in new tab)
maine.gov/accessibility/policy-and-laws (opens in new tab)
legislature.maine.gov/statutes/5/title5sec1973.html (opens in new tab)
mainelegislature.org/legis/statutes/5/title5ch337sec0.html (opens in new tab)
mainelegislature.org/legis/statutes/5/title5sec4613.html (opens in new tab)
mainelegislature.org/legis/statutes/5/title5ch337.pdf (opens in new tab)
Not legal advice. Informational summary compiled from the official sources cited above, last verified 2026-06-08. Requirements change; confirm against the primary source before relying on it. Federal ADA Title II applies regardless of state law (WCAG 2.1 Level AA; compliance April 26, 2027 for entities of 50,000+ population, April 26, 2028 for smaller entities and special districts). See all states.