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RE: accessibility supported questions

From: Phill Jenkins <pjenkins@us.ibm.com>
Date: Tue, 31 Mar 2009 17:51:58 -0500
To: w3c-wai-ig@w3.org
Message-ID: <OF29A753B5.07AF610C-ON8625758A.0065166C-8625758A.007D9BDB@us.ibm.com>
> . . . no there is a "baseline" level in the USA at least and there is a 
law.
> in the USA 28CFR36.301[c] prohibits a surcharge for individuals or
> groups of individuals to access something that non disabled
> individuals or groups are not charged.
>
> this has been ruled by courts to include the web.
>

Wow.  Can you or anyone else give us some references to those rulings? 

I do not know of any DoJ or court ruling saying how you are interpreting 
this. Neither the 2000 Olympics case in Australia, the SouthWest Airlines 
case in Florida,  nor the recent Target case made any ruling on requiring 
or not requiring a screen reader that costs extra to access a web site. It 
sounds like you are interpreting this incorrectly, for surely a building 
owner does not have to provide the wheelchair to access his building,  he 
only has to provide the ramp and not charge extra for using the ramp. Just 
as Website owners cannot charge a surcharge to visitors for making his 
website accessible.  Or as the other example given - charge extra for a 
phone that is hearing aid compatible.

Regards,
Phill Jenkins, 
IBM Research - Human Ability & Accessibility Center
http://www.ibm.com/able
U.S. Access Board
http://www.access-board.gov/
Received on Tuesday, 31 March 2009 22:52:56 GMT

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