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Re: Americans with Disabilities Act

From: Cheryl D Wise <cdwise@wiserways.com>
Date: Fri, 21 Oct 2005 09:53:42 -0500
To: <w3c-wai-ig@w3.org>
Message-ID: <BF7E6B26.922C%cdwise@wiserways.com>

While there are no explicit references to the web there is a Justice
Department Legal Opinion that says the ADA applies and they take a position
in support of applying the ADA whenever it comes up in a court case. See:
http://www.rit.edu/~easi/law/weblaw1.htm

The most famous decision regarding the ADA & the web is Southwest Airlines
where the ADA was held not to apply. On appeal, if you actually read the
decision instead of the press reports while the lower court decision that
the ADA did not apply was upheld the Appeals Court also stated in the
opinion that they could only rule on the facts and pleadings as presented to
the trial court and while not exactly spelled out implied that the complaint
had been badly drawn up. Very broad hints were given that if the issues
raised for the first time in the appeal had been part of the original
complaint and trial the ADA would have been held to apply.

While I no am no longer an active litigation attorney, I have to agree that
the case was not plead in a manner that would have presented the strongest
case for the ADA to be held to apply. Remember that the ADA was first
enacted in the 70s well before there was an internet as we know it.

I'm unable to access my notes (on a drive I don't currently have access to)
from the last time I researched it so the above comments are based on
memory. 

Cheryl D. Wise
MS FrontPage MVP
Certified Professional Web Developer
Online instructor led training in FrontPage, Web Accessibility & Illustrator
Special Offer for Hurricane Relief when you register for our October Session
- See http://starttoweb.com




On 10/21/05 7:44 AM, "Sailesh Panchang" <sailesh.panchang@deque.com> wrote:

> The ADA predates the Internet and the Web and there are no explicit references
> in it to the Web or online actibities.
> Sailesh Panchang
> Senior Accessibility Engineer
> Deque Systems (www.deque.com)
> 11180 Sunrise Valley Drive, Suite #400
> Reston VA 21091
> E-mail: sailesh.panchang@deque.com
> Tel: 703-225-0380 (ext 105)
>  
> ----- Original Message -----
>   From: Stephen Morgan
>   To: w3c-wai-ig@w3.org
>   Sent: Friday, October 21, 2005 6:48 AM
>   Subject: Americans with Disabilities Act
> 
> 
>   Hi,
> 
>   I have been asked to provide a colleague with some information about the
> specific areas of the ADA that relate to online Activities. I know where to
> find the relevant info with regards to the DDA over here in the UK but I am
> not as familiar with the ADA.
> 
>   Anyone got any pointers?
> 
>   Kindest regards
> 
>   Steve Morgan
Received on Friday, 21 October 2005 14:53:51 GMT

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