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RE: undue burdon/ Hooks v. OKBridge

From: Jason Megginson <jason@bartsite.com>
Date: Tue, 19 Mar 2002 11:44:01 -0500
To: "RUST Randal" <RRust@COVANSYS.com>, "WAI \(E-mail\)" <w3c-wai-ig@w3.org>
Message-ID: <CGEILBFLGKHFLACCENAGGEPDCDAA.jason@bartsite.com>
Hello,
I am interested in cases such as Hooks v. OkBridge and any other cases
involving section 508.  More so, a client is asking for any cases or
instances where the court declared an undue burdon on the business.  If
anyone knows of a site or resource that covers 508 and undue burdon issues
that would be very helpful.
Thanks
J

-----Original Message-----
From: w3c-wai-ig-request@w3.org [mailto:w3c-wai-ig-request@w3.org]On
Behalf Of RUST Randal
Sent: Monday, March 18, 2002 7:46 AM
To: WAI (E-mail)
Subject: Hooks v. OKBridge


I need some clarification on this.  I have read the Court of Appeals
decision in Hooks v. OKBridge, and it is my understanding the the opinion
applies the Americans with Disabilities Act to the web sites of covered
entities.

However, I was reading some information on Jim Thatcher's web site yesterday
that says "...there has not yet been a court ruling supporting or denying
the concept that the Web, like a store or sidewalk or bus, is a place where
discrimination against people with disabilities would not be permitted."

The following excerpts from the Hooks v. OKBridge decsions lead me to
believe that web sites fall under the ADA:

"There is no reasonable explanation of why Congress would have intended to
draw such a boundary or why it would have chosen such an indirect way of
expressing its intent to do so."

"A commerical business providing services solely over the internet is
subject to the ADA's prohibition against discrimination on the basis of
disability."

"OKBridge is no different than any other commercial business."

"The absence of specific mention of services provided over the Internet does
not restrict the statute's coverage."

"This Court should reverse the District Court's holding that Title III of
the ADA does not apply to commercial business providing services on the
Internet and its holding that OKBridge is exempt from the Act as a private
club."

Randal Rust
Covansys, Inc.
Columbus, OH
Received on Tuesday, 19 March 2002 11:41:40 GMT

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