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Re: Judgement in the SouthWest case.

From: Charles McCathieNevile <charles@w3.org>
Date: Mon, 21 Oct 2002 19:44:54 -0400 (EDT)
To: <tina@elfi.org>
cc: <w3c-wai-ig@w3.org>
Message-ID: <Pine.LNX.4.30.0210211936210.15667-100000@tux.w3.org>

I am not a lawyer, and know little about american law. But I was surprised by
the assertion that there is no evidence that WCAG is accepted widely - it is
acknowledged in various US state jurisdictions as well as European, and
Australian one, is accepted as a policy reference in Canada, ...

(I am not sure what the comment about "the document is over three years old
means. Is that meant to imply that it is too old to be useful in interpreting
a 12-year-old law, or that they expect it to change? I would need to read the
judgement to understand better.)

But the point is that a lot can be done to improve accessibility.
Implementing WCAG to somewhere around double-A is a good start - at least for
showing that it is an accepted standard.

What can be done in the US to give more legal teeth to people trying to
enforce a right to accesssibility is something I leave to the good citizens
of the US to decide for themselves - interfering in other countries'
self-determination isn't really my bag, however often I might give my

But I am curious about whether a judge making an error of fact is grounds for
appealing an appeal. Maybe I will ask a lawyer's opinion to satisfy my own

Just a couple of personal thoughts from me on holiday. Without readingthe
actual judgement these are probably worth a little less than two cents...


On Mon, 21 Oct 2002 tina@elfi.org wrote:

> It would seem that the Judge has passed ... a judgement in the
> SouthWest airlines cases. The story can be found at:
>    http://news.com.com/2100-1023-962761.html
> It is ... disappointing, but perhaps not entirely surprising. It seems,
> to me, after a first reading - note the last paragraph - that there is
> a distinct lack of understanding prevalent.
> At this moment in time I admit, though it is emotional, that I am not
> entirely certain what - if anything - CAN be done to improve
> accessibility.

Charles McCathieNevile  http://www.w3.org/People/Charles  tel: +61 409 134 136
SWAD-E http://www.w3.org/2001/sw/Europe ------------ WAI http://www.w3.org/WAI
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Received on Monday, 21 October 2002 19:44:56 UTC

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