The Applicability of the ADA to the Internet

This article is taken from the CPD News - external link, a publication of the Center for Persons with Disabilities.

As the Internet has increased in prominence in all sectors of society, interested individuals have begun to question whether or not the Internet should be included in the regulations set forth by the Americans with Disabilities Act - external link (ADA). Right now there is no explicit reference to the Internet in any of the language of the act. Proponents of the ADA believe that the wording in the ADA is broad enough to include the Internet, and that the Internet is precisely the type of "place of public accommodation" that the ADA was meant to protect. In fact, the Department of Justice Others issued an opinion statement - external link in 1996 which claimed that the Internet should be an ADA-protected entity. Others, especially in the business community, are opposed to ADA intervention on the web.

On February 9, 2000, there was a hearing in Washington to determine whether or not the Internet should be excluded from protection under the ADA. Five web expert witnesses with varying backgrounds testified during the hearing. Four additional legal experts gave their points of view. The official statements presented at that meeting are found at http://www.house.gov/judiciary/con0209.htm - external link. The statements are a bit lengthy, but are generally well-written and they present the issues and controversy quite clearly.

Some of the arguments set forth by opponents to ADA protection of the Internet are these:

• Government regulation of the Internet is intrusive and wrong
• It is detrimental to e-commerce because of the effort required to redesign sites for accessibility
• Accessible web sites are not as appealing to users without disabilities
• Enforcement is problematic.

Some of the key arguments in favor of ADA protection of the Internet are as follows:

• The Internet is too important an entity to be a vehicle of segregation between those with disabilities and those without
• It is not as difficult to make web sites accessible as some people think
• Making web sites accessible often improves web sites for those without disabilities
• The fact that the Internet is public space makes identification of inaccessible sites simple.

As of yet, no official action has been taken as a result of the hearings. One interpretation of the lack of action is that there is too much unresolved controversy at this point to make any sweeping decision. It is possible that no action will be taken at all, leaving the issue up to the courts to decide. A high-profile lawsuit was filed by the American Federation for the Blind - external link (AFB) against the popular Internet service provider, America Online - external link (AOL). The AFB claimed that AOL's browser was inaccessible to those who are blind. It will be interesting to see how this case is handled by the court. It will likely set a precedent for other future legal questions concerninsg the Internet and the ADA.

It is important to note that, whether or not the ADA becomes the means of ensuring Internet accessibility, the Reauthorized Rehabilitation Act of 1997 already requires that institutions receiving federal funds have accessible Web sites (See section 508, especially the E.I.T.A.A.C. Final Report - external link sections 5.3.3.1, 5.3.3.4, and 5.3.3.5; see also section 504) All government agencies and projects, as well as all state colleges and universities (such as Utah State University) fall into this category, and risk litigation if their sites are not accessible.