What is the ADA
(The Americans with Disabilities Act)?

ADA Title III

The Americans with Disabilities Act (ADA)

The Americans With Disabilities Act was passed in 1990, and is a vital piece of legislation that protects individuals with disabilities throughout public life. In essence, this law helps to solidify that anyone with a disability will receive the same opportunities that an individual without a disability has in the public sector. This also applies to certain parts of the private sector.

ADA Title III is a Regulation, which prohibits discrimination on the basis of disability in the activities of places of “public accommodations” which are usually businesses that are generally open to the public and that fall into one of 12 categories listed by the ADA, to comply with the ADA Standards. However, thanks to the rulings of not only local Circuit Courts, but also the legal precedent set by the Supreme Court on October 7th, 2019 in the case of Robles vs. Dominos, “places of public accommodation” are now interpreted to include the websites of any business regardless of if it has a physical business location or not.

Within the ADA, five specific sections clarify where the law applies:

ADA Title I – Employment

ADA Title II – Public Services: State and Local Government

ADA Title III – Public Accommodations and Services Operated by Private Entities

ADA Title IV – Telecommunications

ADA Title V – Miscellaneous Provisions

The ADA has adopted the WCAG 2.1 AA guidelines as its core guidelines for web
accessibility
and online content that is produced. Majority point to
Title III and classify most websites as “places of public
accommodation.”

As such, the internet is a public resource and impacts public life! That is to say, the ADA is indeed enforceable by law.

As the ADA prevents discrimination based on ability, websites that
discriminate against members of the public who require accommodations
are vulnerable and could be considered in violation of federal ADA laws.

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