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Re: Can ADA be counterproductive (was Re: Legal leg to stand on?)

From: Mike Burks <mburks952@worldnet.att.net>
Date: Tue, 23 Mar 1999 11:40:54 -0500
Message-ID: <01ef01be754c$7cd12c40$5e24450c@oemcomputer>
To: <Lovey@aol.com>, <lisbk@ukoln.ac.uk>
Cc: <w3c-wai-ig@w3.org>
Well said!

It states the reason for this group in the first place.   To each of you
with or without a disability I will add "There but for the grace of God go
I"

Sincerely,

Mike Burks
-----Original Message-----
From: Lovey@aol.com <Lovey@aol.com>
To: lisbk@ukoln.ac.uk <lisbk@ukoln.ac.uk>
Cc: w3c-wai-ig@w3.org <w3c-wai-ig@w3.org>
Date: Tuesday, March 23, 1999 11:35 AM
Subject: Re: Can ADA be counterproductive (was Re: Legal leg to stand on?)


>In a message dated 3/23/99 7:38:06, lisbk@ukoln.ac.uk writes:
><< when threatened with the ADA >>
>
>Why is the ADA threatening? There seems to be a HUGE misconception that the
>ADA is some monster "out to get you" when in fact it is no such thing. Here
>are the facts:
>
>-What is the ADA? It is a law to eliminate discrimination of PWD's
>
>in housing, education, the workplace, rehabilitation, etc. This law affects
>
>millions of US citizens - PWD's and their families. This law is about
>
>improving quality of life. "The pursuit of happiness" as put down in the
Bill
>
>of Rights by our Founding Fathers.
>
>-The ADA is not new, it has been in effect for 9 years.
>
>-It does not *only* apply to the internet.
>
>-There are government programs to assist businesses in modifying for access
>and generous tax credit and deductions for complying with ADA requirements.
>
>-ADA requirements apply to businesses with *more* than 15 employees. Less
than
>15 employees = exempt.
>
>-There are provisions for businesses that if modifications cause undue
>financial or administrative burden they may be exempt - no one is forced to
>close or loose their business.
>
>
>-The Department of Justice handles ADA cases and under general rules
governing
>
>lawsuits brought by the Federal government, the Department of Justice may
not
>
>sue a party unless negotiations to settle the dispute have failed.
>
>
>-The ADA has resulted in only about 650 cases nationwide in five years
>compared
>
>to the 6 million businesses; 666,000 public and private employers; and
80,000
>
>units of state and local government that must comply.
>
>So what is "threatening" about the ADA?  - Ignorance!!!
>
>One person out every 5 has a disAbility or handicap -
>How will you be able to determine which visitors to your websites have a
>handicap or disAbility and what kind?
>Will you arbitrarily deny your clients business from PWD's because you do
not
>want to design accessibe websites?
>What reasons do you give your clients against accessible web design?
>
>For those of us with disAbilites and handicaps who are homebound the
Internet
>has proved a to be a wonderful tool.  It has empowered us and we are able
to
>interact in real time with other people - the entire world in fact -
whereas
>before,
>our contact with others was limited to those at home and in the doctors
>office.
>It has opened a world of information and opened interaction between
>other PWD's. A Handicapped/disAbled Community has grown from the Internet.
A
>community that never existed before. And I believe the Handicapped/disAbled
>Community will become a powerful voice in the Internet.
>
>Just think, hundreds of thousands of people eager to interact. Our money is
>the same color as those who are "Not Yet Disabled".
>
>But I constantly hear the word "threatened" and worse remarks about
>accessibility and PWD's by people who do not have a clue what the ADA is.
>
>In January, during his visit to St Louis, Pope John Paul II referred to the
>infamous 1857 Dred Scott case affirming slavery, which was heard in St.
Louis,
>and called it a "time of testing," which the United States failed.
>
>"America faces a similar time of trial today," the pope said. "Today the
>
>conflict is between a culture that affirms, cherishes and celebrates the
gift
>
>of life and a culture that seeks to declare entire groups of human
beings --
>
>the unborn, the terminally ill, the handicapped, and others considered
>
>'unuseful' -- to be outside the boundaries of legal protection."
>
>
>
>A pretty raw statement about this country and it's people.
>
>IMO, closing a website using the reason "threatened by the ADA" is a prime
>example of ignorance and blatant discrimination against PWD's.
>
>Regards,
>L.K.
>ps: If you think the US ADA law is a threat - check out Australia's
Disability
>Act and guidelines regarding websites.
>For NSW government websites the guidelines include not only PWD's but
>accessibility for:
>* People lacking multi-media computer functions
>* People using non-current web browsers
>* People from non-English speaking backgrounds
>http://www.lawlink.nsw.gov.au/lawlink.nsf/pages/aus_standards
>
Received on Tuesday, 23 March 1999 11:45:29 GMT

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