When the Americans with Disabilities Act Goes Online: Application of the ADA to the Internet and the World Wide Web

Authors

• Steven Mendelsohn
• Martin Gould

Abstract

Over the past decade, the emergence of electronic communication, Internet technology, and the World Wide Web has dramatically altered the lifestyles of many Americans and has affected the lives of us all. As a result of these technologies, society has experienced great transformation and has had to confront new opportunities and challenges and make many adjustments to accommodate these new developments.

American law has struggled to stay current with the new technology. In attempting to stay current and adapt to the new technology, the law has followed two lines of development. First, laws are passed to deal with new issues created specifically by the Internet. Examples of such laws are the Digital Millennium Copyright Act of 1998 ("DMCA") and the Digital Signature Act of 2000. These new laws deal with complicated issues that are far-reaching and controversial, but completely new Internet-specific laws pale in complexity when compared to the other task faced by the legal system. That second task is to somehow apply the existing body of law to the current electronic age.

Against this background, this article analyzes and answers the critical question: Does the Americans with Disabilities Act4 ("ADA") apply to commercial and other private sector websites, and if so, what does it require?

Much of the discussion surrounding this question seems to be conducted without careful attention to the case law or other authorities that have already addressed it. Initially, this article begins with a brief discussion of electronic communication's role in our lives. It continues by describing the placement of the ADA in the context of current technology and computer usage in our country. Also, though many people are familiar with the term "digital divide," the article suggests that we should focus on the opportunities offered by the digital future.

The next section contains an analysis of the ADA's legal background and the Internet access issue, pointing out authorities and scholarship on both sides of the question and identifying, as carefully and precisely as possible, what these authorities actually say. Through this process, the narrow legal issues bearing primarily upon the definition of the word "place" in Title III of the ADA are brought into focus. This article analyzes the meaning and application of this term, in light of the ADA's legislative history, and court decisions applying this term in non-technology based settings.

Many authorities, including those who are opposed to the view that the ADA should apply to e-commerce, are cited and discussed. But based on all the authorities, the paper reaches the conclusion that the law clearly contemplates Internet coverage by Title III of the ADA. Finally, the article explains the practical and economic arguments that should guide those called upon to apply the law, suggesting strategies that can broadly implement the accessibility principle without disruption, while providing benefit to consumers and businesses alike, and pointing out the chaos and uncertainty likely to arise if broad-based web accessibility is not achieved.

Recommended Citation

Steven Mendelsohn & Martin Gould, When the Americans with Disabilities Act Goes Online: Application of the ADA to the Internet and the World Wide Web, 8 Computer L. Rev. & Tech. J. 173 (2004)