The Internet as a Public Accommodation and its Impact on Higher Education

Abstract

This article examines the Americans with Disabilities Act (“ADA”), specifically the classification of the internet as a Public Accommodation under Title III, in light of the technological advancements since its signing thirty years ago. The profound use of the internet in every sector and its relevance to our day-to-day life requires deeper examination into how the law can remain adaptive, relevant, and purposeful in serving the needs of individuals with disabilities. Furthermore, the COVID19 pandemic has highlighted the indubitable impacts of remote learning on students with disabilities and the lack of legal clarity necessary to support adequate governance and compliance. Given these significant structural and environmental changes in higher education, the goal is to reinforce the need for constitutional protection for individuals with disabilities by amending the ADA