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Re: accessible banking:

From: Access Systems <accessys@smart.net>
Date: Fri, 4 Feb 2005 20:11:24 -0500 (EST)
To: david poehlman <david.poehlman@handsontechnologeyes.com>
cc: Kelly Pierce <kpierce2000@earthlink.net>, "John Foliot - WATS.ca" <foliot@wats.ca>, "'wai-ig list'" <w3c-wai-ig@w3.org>
Message-ID: <Pine.LNX.4.58.0502042004110.4026@smart.net>

On Fri, 4 Feb 2005, david poehlman wrote:

> It might be the likely claim, but the challenge by a disabled person who is
> employed in a shop which does not use ie would be that the services cannot
> be performed for his employer because the institution serving up those
> services disallows the choice.  The ada is all about impact.  This is
> impact.  I believe that this is on a par with giving me braille when I
> cannot physically read braille.

I don't understand why this argument is not accepted, since ADA does
indeed say (at 28CFR36.303(a)  )   "A public accomodation SHALL take those
steps that may be neccessary to ensure that NO individual with a
disability is excluded, denied services, segregated or ootherwise treated
differently than other individuals beecause of the absence of auxiliary
aids and services..."

if you cannot use braille then they are required to provide auxiliary aids
unless it can be proven that it is an undue burden, (undue burden proof is
on the provider of the accomodation)  that you can effectively use.  be it
audio or large print.

EFFECTIVELY USE!!  is the key phrase,  if it is not able to be used
effectively then it is still a violation.

Bob
(emphisis mine)

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Received on Saturday, 5 February 2005 01:11:20 GMT

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