Intangible Inaccessibility: How Wayfair Paves The Way For An Expanded ADA

By Cassidy C. Duckett [PDF]

This Comment analyzes the circuit split regarding the ADA’s applicability to emerging technologies and proposes that the Supreme Court use similar reasoning to its decision in South Dakota v. Wayfair, Inc. to the extended ADA to intangible places of public accommodation. Section II discusses the circuit split, as well as the role of emerging technologies in modern life and the Court’s decision in Wayfair. Section III demonstrates why the Court should apply the Wayfair Court’s framing of physicality to extend the ADA’s definition of “public accommodations.”