- 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