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Re: San Francisco State University and the ADA

From: Scott Luebking <phoenixl@netcom.com>
Date: Sat, 16 Oct 1999 09:43:53 -0700 (PDT)
Message-Id: <199910161643.JAA26691@netcom17.netcom.com>
To: kynn-hwg@idyllmtn.com, phoenixl@netcom.com
Cc: w3c-wai-ig@w3.org
Hi, Kynn

Here's what I pulled off a mailing list.


> SFSU has filed a response to a physical access lawsuit
> claiming the ADA is unconstitutional - claiming that
> hte govt has no right to protect the civil rights of
> persons with disabilities.

                  There is a very good articel in the on-line version of
Ragged Edge at: http://www.ragged-edge-mag.com/extra/edgextratitl2.htm that
details some cases that other states are filing to have the ADA declared
"unconstitutional" and and interesting case claiming " states are immune from
lawsuits under Section 504 of the Rehabilitation Act".
                Obviously this has broad ramifications, not only in access
issues, but also in things like health service issues.  For example, the one
of the premises of many of the cases is that under the constitution
individuals cannot sue a state -- and if that hold up well suits against DHS
(like were suggested earlier on this list) would not hold up.  Anyway, it it
something to watch. I expect there are many more states that have this kind
of pending litigation, including (unfortunately) CA.

> Scott wrote:
> > San Francisco State University has filed or is filing a suit claiming that
> > the ADA is unconsitutional.  My concern is that universities will
> > start putting web page accessibility on hold until the case
> > is finally decided. 
> Can you cite a reference for this?  I'd like to learn more about the
> SFSU case, and can't find anything on the web or elsewhere about it.
> > Since this could take years, it might seriously
> > affect trying to get web page accessibility into the values or
> > standards of the web.  Does anyone have suggestions about non-ADA
> > arguements that can be used on web page accessibility?  Are there
> > 504 issues that can be used as a back up to ADA's requirement of
> > "effective communication"?
> If you want selfish reasons, they can be found at:
>      http://www.awarecenter.com/why/selfish.html
> --Kynn
Received on Saturday, 16 October 1999 12:43:55 UTC

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