The Americans with Disabilities Act Is 35 Years Old — And More Relevant Than Ever

On July 26th, 1990, President George H.W. Bush signed the Americans with Disabilities Act (ADA) into law. 

Reporters often describe the ADA as a “landmark civil rights law,” but that might actually undersell its importance: While other disability non-discrimination laws existed prior to 1990 (notably, the federal Rehabilitation Act of 1973 and the Unruh Civil Rights Act of California), the ADA was incredibly comprehensive. 

The goal of the Act was to ensure that people with disabilities would receive “equality of opportunity, full participation, independent living, and economic self-sufficiency.” To that end, Congress laid out extensive requirements for government agencies, telecommunications firms, and — crucially — places of public accommodation, which includes private businesses and non-profits. 

Congress justified this level of legislation by noting that: 

… the continuing existence of unfair and unnecessary discrimination and prejudice denies people with disabilities the opportunity to compete on an equal basis and to pursue those opportunities for which our free society is justifiably famous, and costs the United States billions of dollars in unnecessary expenses resulting from dependency and nonproductivity.

In 2025, the ADA remains an indispensable tool for the disability rights community. And in the coming years, we expect that it will provide the basis for new digital accessibility legislation — here’s why.

The ADA as a Digital Accessibility Law

In 1990, the internet wasn’t part of daily life (outside of a few researchers and Star Trek fans). The ADA does not discuss the internet directly, nor does it establish any technical requirements for digital technologies. 

But again, the language of the ADA is purposely broad: It prohibits discrimination in “places of public accommodation.” If members of the public have access to something, that something should be accessible — provided that businesses or non-profits can make reasonable efforts to provide that access. 

Over the years, a number of court decisions have clarified the role of the ADA in digital accessibility. Many of the most high-profile lawsuits were filed by the National Federation of the Blind, including cases against Target Corp, Netflix, and H&R Block that established websites as places of public accommodation. And in 2019’s Robles v. Domino's Pizza, LLC, the Ninth Circuit Court of Appeals held that the ADA applies to the websites and mobile applications of public accommodations.

Today, the Justice Department supports the interpretation that Title III of the ADA applies to websites. Web guidance from the Department establishes the Web Content Accessibility Guidelines (WCAG) as the de facto standards for ADA compliance. 

So, that means that the ADA is perfectly sufficient for supporting digital accessibility — right? Not quite. While the ADA has been a powerful resource, it has a few limitations. 

Related: Is There a Legal Requirement to Implement WCAG?

Adopting National Standards for Web Accessibility

Currently, any business in the United States that operates an inaccessible website can face lawsuits for ADA non-compliance. While the ADA doesn’t allow plaintiffs to sue for monetary damages, some state laws are different (the Unruh Act, for example, allows for punitive damages). 

Most businesses that receive web accessibility demand letters are surprised to receive those letters — and many business owners have no idea that the ADA applies to websites. What’s more, while WCAG is an established standard, it’s not codified into the ADA (at least, not yet). That means that businesses could conceivably comply with the ADA while failing to conform with WCAG. 

Over the next decade, the legal landscape of digital accessibility may change dramatically:

• Congress might pass legislation that officially makes WCAG part of the ADA. Previous attempts to codify technical web standards have failed, but WCAG is already the standard for compliance with the government’s own Section 508 of the Rehabilitation Act; it’s reasonable to assume that Congress will eventually adopt similar standards for Title III of the ADA.
• The Justice Department may issue a rule establishing WCAG as a standard for Title III. Last year, the Department established WCAG 2.1 Level AA as the standard for Title II (which applies to state agencies), though there’s no word on a similar rule for Title III. 
• Businesses will continue to adopt WCAG on their own. The business benefits of digital accessibility are enormous, and organizations of all sizes have strong incentives to design inclusive content: more traffic, better brand awareness, and improved search engine optimization (SEO), for starters.
• Artificial intelligence (AI) will make digital compliance easier to achieve. AI is already a useful tool for auditing web content and fixing some accessibility issues; as the technology improves, businesses will have fewer excuses for ignoring WCAG. 

At the Bureau of Internet Accessibility, we believe that digital access is crucial for the future of the internet. The ADA has been a crucial tool in our fight for inclusive digital products — but the battle certainly isn’t over.

To learn more about the essentials of inclusive design, download our free eBook: Essential Guide to ADA Accessibility Compliance for Websites.

And if you’re ready to see how your website stacks up against WCAG Level AA checkpoints, get started with a free automated audit powered by AudioEye.