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Re: Accessibility

From: Michael Muehe <MMuehe@CI.Cambridge.MA.US>
Date: Tue, 29 Dec 1998 18:49:17 -0500
To: "w3c-wai-ig@w3.org" <w3c-wai-ig@w3.org>
CC: love26@gorge.net (William Loughborough)
Message-ID: <19981229234930390.AAA389@MichaelM.CI.Cambridge.MA.US>
William:

This is the first time I've ever heard anyone claim that 
the ADA applies to any federal government agency. Rehab Act, 
yes; ADA, no.  By the way, I have no quibble with using Title II 
of the ADA to require internet access to activities and programs 
of state and local governments.

"Public Entity" is defined in Title II of the ADA statute as:

SEC. 201. DEFINITION.
As used in this title:
(1) Public entity.--The term "public entity" means--
(A) any State or local government;
(B) any department, agency, special purpose 
district, or other instrumentality of a State or States or local 
government; and
(C) the National Railroad Passenger Corporation, and            
any commuter authority (as defined in section 103(8) of 
the Rail Passenger Service Act).

We have a perfectly servicable law (the Rehab Act) to apply to 
the federal government.  It's a waste of time to try to apply 
the ADA to the federal government.

> MM: "Americans with Disabilities Act (ADA) does not apply to the 
> Federal government"
> 
> WL::  SEC. 202. DISCRIMINATION.
> 
>       Subject to the provisions of this title, no qualified individual
> with a disability shall, by reason of such disability, be excluded from
> participation in or be denied the benefits of the services, programs, or
> activities of a public entity, or be subjected to discrimination by any
> such entity.
> 
> You aren't "splitting hairs" but you should recognize why we insist that
> Title II of ADA quoted above is relevant and applicable.  As to case
> law, Randy Tamez & Kelly Pierce have an action in process which has been
> widely discussed on the WAI and WebWatch lists.
> 
> -- 
> Love.
>             ACCESSIBILITY IS RIGHT - NOT PRIVILEGE
> http://dicomp.pair.com
> 
> 
==========================
Michael Muehe
Executive Director / ADA Coordinator
Cambridge Commission for Persons with Disabilities
51 Inman Street, second floor
Cambridge, MA 02139  USA
617-349-6297 voice
617-492-0235 TTY
617-349-4766 fax
www.ci.cambridge.ma.us/~CCPD

"Our inventions are wont to be pretty toys which distract our
attention from serious things." -- Henry David Thoreau
Received on Tuesday, 29 December 1998 18:47:29 GMT

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