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fyi- Fifth Circuit Avoids Ruling on Internet Coverage

From: Gregg Vanderheiden <GV@trace.wisc.edu>
Date: Fri, 29 Dec 2000 12:22:06 -0600
To: "IG - WAI Interest Group List (E-mail)" <w3c-wai-ig@w3.org>
Message-ID: <001801c071c4$4148e980$b2176880@trace.wisc.edu>
     Fifth Circuit Avoids Ruling on Internet Coverage --
     The U.S. Court of Appeals for the Fifth Circuit in
     Hooks v. OKBridge did not reach the issue of ADA
     internet coverage in dismissing a suit against a
     commercial website on which customers can play bridge
     for a fee. The plaintiff alleged that he was
     terminated from membership at the site because he has
     bipolar disorder. The U.S. District Court for the
     Western District of Texas earlier ruled against the
     plaintiff, because it believed that a company
     providing services over the internet is not a physical
     place of public accommodation under the ADA and that
     defendant was exempt from the ADA as a R20;private
     club.R21; On appeal, the Department filed an amicus
     brief with the Fifth Circuit arguing that public
     accommodations under title III are not limited to
     companies providing services to customers at a
     physical location and that the entertainment or
     recreation services provided by OKBridge make it a
     place of public accommodation. The brief also argued
     that the OKBridge website is not a private club
     because it is a profit-making business with more than
     18,000 fee-paying members in over 90 countries. The
     Fifth Circuit ruled that OKBridge did not violate the
     ADA because it was not aware of the plaintiffR17;s
     alleged disability when it terminated his membership.



-- ------------------------------
Gregg C Vanderheiden Ph.D.
Professor - Human Factors
Depts of Ind. and Biomed. Engr. - U of Wis.
Director - Trace R & D Center
Gv@trace.wisc.edu, http://trace.wisc.edu/
FAX 608/262-8848  
For a list of our listserves send "lists" to listproc@trace.wisc.edu
Received on Friday, 29 December 2000 13:26:20 GMT

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