The Wrong Tool for the Right Job: Are Commercial Websites Places of Public Accommodation Under the Americans with Disabilities Act of 1990?

The text of the ADA does not support such an extension. The interpretative canons of "noscitur a sociis" and "ejusdem generis" dictate that "places of public accommodation" refer exclusively to physical facilities. The canons also sufficiently resolve any possible statutory ambiguities, thereby foreclosing the opportunity for contrary agency interpretations. Although the intentionally broad purpose and design of the ADA make the statute an attractive avenue for advocates of online expansion, that same purpose and design limit the ADA to physical facilities.

This note addresses the issues in two parts. First, it presents the arguments just listed. Second, it recognizes the need for alternate accessibility regulation and then advances a case for seeking legislative solutions. Online accessibility is a critical issue.

The existing ADA is just the wrong tool for the right job.