Democratic Governance, Self-Fulfillment and Disability: Web Accessibility Under the Americans With Disabilities Act and the First Amendment

Abstract

The Americans with Disabilities Act celebrated its twenty-fifth anniversary in 2015. Enacted by Congress and signed into law by President George H.W. Bush, the ADA was designed to ensure that people with disabilities are given “independence, freedom of choice, control of their lives, the opportunity to blend fully and equally into the rich mosaic of the American mainstream.” The ADA defines the kinds of public and private spaces that must provide access and accommodations to the disabled. Missing from that list, because of the ADA's timing, is the Internet, effectively shutting the disabled out of the rich marketplace of ideas online. This article examines both the case law surrounding this omission and delays by the executive and legislative branches in extending the ADA to the Internet. It argues that making the Internet a “place of public accommodation” under the ADA is supported by First Amendment principles of democratic governance and self-fulfillment.