RE: Legal requirements RE: statistics

On Wed, 16 Jan 2002, RUST Randal wrote:

> this is a hypothetical situation, where the user agent, the user's
> disability and other issues have not been defined.  don't try to make it too
> specific, because the case would be different for each type of disability.

I intentionally left it non specific because you had indicated that was
what you were using.

   example (and I'm not saying it's legal or compliant)

a person using Lynx and a site with Javascript.


> 
> i'm getting some very odd arguments.  one person even suggested that the
> published standards are not correct.   

I am not sure one way or the other...I'm running pretty close to being in
over my head at this level.  I am more an experienced user than a coder

Bob

> 
> -----Original Message-----
> From: Access Systems [mailto:accessys@smart.net]
> Sent: Wednesday, January 16, 2002 10:14 AM
> To: RUST Randal
> Cc: 'Martin Sloan'; 'Kynn Bartlett'; 'Harry Woodrow'; 'Denise Wood';
> 'w3c-wai-ig@w3.org'; 'charles@w3.org'
> Subject: RE: Legal requirements RE: statistics
> 
> 
> On Wed, 16 Jan 2002, RUST Randal wrote:
> 
> > In the U.S. Section 508 is a mandate for Federal agencies.  However, the
> > ADA, which has requirements concerning "effective communication" applies
> to
> > all covered entities.  This is according to the U.S. Department of
> Justice.
> > The way I view it is that if a company has buildings that must be
> wheelchair
> > accessible, then their subsequent web site should be accessible to those
> > with disabilities.
> > 
> > Now, let's pretend for a moment that I am a lawyer, and that I have a
> client
> > who is being sued by a user who says that my client's web site is
> > inaccessible to them.  
> > 
> > For now, we will not specify a disability.  And my client is not a Federal
> > agency.
> > 
> > However, let's continue and theorize that the plaintiff's lawyer provides
> > the argument that their client cannot afford the money for new equipment,
> or
> > is unable to upgrade their browser.  He or she argues that, on those
> > grounds, my client should be providing content that is accessible in older
> > browsers.
> 
> now let's throw into the mix the fact that the compainant is physically
> unable to use (or use effectively) the newer browsers.
> 
> > How would I counter this?  I would say that, under the provisions of
> Section
> > 508 and the ADA, it would provide an "undue burden" on my client to create
> a
> > second version of their web site that is built on workarounds, and
> therfore
> 
> the backup to the lowest level (ASCII TEXT) will always be able to be
> viewed by ANY browser that I am aware of, so what is the point of not
> having that drop down level?   any site that has graphics that cannot be
> worked around in text has a problem ?! 
> 
> > is non-compliant with the rules.  I would also say that the plaintiff
> > chooses to continue to access the internet with hardware and software that
> > does not comply with standards, and that my client cannot be made
> 
> what is the standard, if the standard excludes certain groups of people
> then the standard could be declared illegal, it has happened in the past
> with other standards.
> 
> > responsible for the internet experience of this one person.  I would also
> 
> rarely is it one person, it is usually one person who gets fed up and sues
> but it is very rarely just "one person"
> 
> > say that, in the U.S., you can get current copies of IE or Netscape almost
> 
> but not everyone can use IE or Netscape of any version, where do you think
> the other browsers came from...from LYNX to Kconquerer and Mozilla
> 
> > anywhere.  You don't have to download them.  And I know for a fact that
> many
> > of the computer-industry magazines (Internet Works, Computer Arts, Create
> > Online), which are sold in Europe come with CDs that have current versions
> > of the browsers on them.  
> 
> and why would a visually impaired person for example buy a print
> magazine???
> 
> Bob
> 
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Received on Wednesday, 16 January 2002 10:26:27 UTC