- From: Gregg Vanderheiden <GV@trace.wisc.edu>
- Date: Fri, 29 Dec 2000 12:22:06 -0600
- To: "IG - WAI Interest Group List (E-mail)" <w3c-wai-ig@w3.org>
Fifth Circuit Avoids Ruling on Internet Coverage --
The U.S. Court of Appeals for the Fifth Circuit in
Hooks v. OKBridge did not reach the issue of ADA
internet coverage in dismissing a suit against a
commercial website on which customers can play bridge
for a fee. The plaintiff alleged that he was
terminated from membership at the site because he has
bipolar disorder. The U.S. District Court for the
Western District of Texas earlier ruled against the
plaintiff, because it believed that a company
providing services over the internet is not a physical
place of public accommodation under the ADA and that
defendant was exempt from the ADA as a R20;private
club.R21; On appeal, the Department filed an amicus
brief with the Fifth Circuit arguing that public
accommodations under title III are not limited to
companies providing services to customers at a
physical location and that the entertainment or
recreation services provided by OKBridge make it a
place of public accommodation. The brief also argued
that the OKBridge website is not a private club
because it is a profit-making business with more than
18,000 fee-paying members in over 90 countries. The
Fifth Circuit ruled that OKBridge did not violate the
ADA because it was not aware of the plaintiffR17;s
alleged disability when it terminated his membership.
-- ------------------------------
Gregg C Vanderheiden Ph.D.
Professor - Human Factors
Depts of Ind. and Biomed. Engr. - U of Wis.
Director - Trace R & D Center
Gv@trace.wisc.edu, http://trace.wisc.edu/
FAX 608/262-8848
For a list of our listserves send "lists" to listproc@trace.wisc.edu
Received on Friday, 29 December 2000 13:26:20 UTC