28 C.F.R. § 35.201

Exceptions

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The requirements of § 35.200 do not apply to the following:

(a) Archived web content. Archived web content as defined in § 35.104.

(b) Preexisting conventional electronic documents. Conventional electronic documents that are available as part of a public entity's web content or mobile apps before the date the public entity is required to comply with this subpart, unless such documents are currently used to apply for, gain access to, or participate in the public entity's services, programs, or activities.

(c) Content posted by a third party. Content posted by a third party, unless the third party is posting due to contractual, licensing, or other arrangements with the public entity.

(d) Individualized, password-protected or otherwise secured conventional electronic documents. Conventional electronic documents that are:

(1) About a specific individual, their property, or their account; and

(2) Password-protected or otherwise secured.

(e) Preexisting social media posts. A public entity's social media posts that were posted before the date the public entity is required to comply with this subpart.

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 1994–2025 · leading case: Aikins v. St. Helena Hosp., 843 F. Supp. 1329 (N.D. Cal. 1994).
Aikins v. St. Helena Hosp., 843 F. Supp. 1329 (N.D. Cal. 1994). “§ 12182 (a); 28 C.F.R. § 35.201 (a) (1993). The use of language relating to ownership or operation implies a requirement of control over the place providing services.”
Ellerbee v. State of Louisiana Div. of Admin., Off. of Tech. Servs. (M.D. La. 2025). · cites it 2× “115 28 C.F.R. § 35.201 . 116 28 C.F.R. § 35.200 (a).”
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