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RE: Judgment in the SouthWest case.

From: Jaz-Michael King <JMKing@ipro.org>
Date: Wed, 23 Oct 2002 15:38:21 -0400
Message-Id: <sdb6c2bf.038@mail.ipro.org>
To: <pjenkins@us.ibm.com>, <w3c-wai-ig@w3.org>

>>> "Phill Jenkins" <pjenkins@us.ibm.com> 10/23/02 11:47AM >>>

>>Using that logic, it would unfairly seem that business (i.e. restaurants)
>>would be able to discriminate against individuals (i.e., blacks) and only
>>suffer the "punishment" of lost business. 

The law _only_ requires that public
accommodations (e.g. stores, banks, hotels, and restaurants)
remove architectural barriers in existing facilities when it is
"readily achievable", i.e., it can be done "without much
difficulty or expense."

http://www.usdoj.gov:80/crt/ada/pubs/mythfct.txt 

It costs nothing to change your mind. That's a completely different
kettle of fish. Accessible != Friendly.


>>1. If the business provides a telephone service for the same discounted
>>on-line tickets, does that allow them to not meet the web accessibility
>>standard? Is it about meeting a standard or about accommodation or both?

Yes, it allows them. However, it *does* meet the standard, by providing
an accessible alternative. It's the equivalent of offering curb-side service
when you can't afford a new ramp.


>>2. If the business is only on the web, and the web site meets the standard,
>>but the individual doesn't have a computer, or doesn't have web access, or
>>the computer is not capable of accessing that site - then who's liable?

Irrelevant. The web site is a destination like any other. If a shop in Patagonia
offers cheap tickets or free lemonade it's still up to you to find the means to get there.
If you get there and find it inaccessible, then it becomes relevant.


>>3. What's the definition of a "business" on the web?  Lemonade stands don't
>>fall under the ADA, would a free ware software site fall under the new
>>provisions?  What about a free concert or sports broadcast on the web?

Most countries have very explicit definitions of what constitutes a business.
Certificate of DBA, articles of incorporation etc., these can readily be 
applied to entities on and off the web, on this or any other planet.

>>4. Is it where the company is headquartered, or where the server is
>>located, or where the hosting company is? Where does the ADA jurisdiction
>>lie?

My humble opinion would be that it's wherever whoever pays the check
is sitting. For the hosting bill, I mean.


5. And which "web accessibility standard" applies? Is it 508 or WCAG
Priority 1 or WCAG 2.0, and which priorities?

I think an argument can be made that W3 has more clout than a single country's
govt. Maybe like a (shudder) UN of the 'Net.

hwyl

jaz

Phill Jenkins
[my personal opinions]



******************************
Jaz-Michael King
Online Services Manager
IPRO
http://ipro.org
******************************
Received on Wednesday, 23 October 2002 22:54:44 GMT

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