- From: Martin Sloan <martin.sloan@orange.net>
- Date: Wed, 16 Jan 2002 16:00:35 GMT
- To: RUST Randal <RRust@COVANSYS.com>
- Cc: "'Martin Sloan'" <martin.sloan@orange.net>, "'Kynn Bartlett'" <kynn-edapta@idyllmtn.com>, "'Harry Woodrow'" <harrry@email.com>, "'Denise Wood'" <Denise_Wood@operamail.com>, "'w3c-wai-ig@w3.org'" <w3c-wai-ig@w3.org>, "'charles@w3.org'" <charles@w3.org>
----- Original Message ----- from: RUST Randal <RRust@COVANSYS.com> date: Wednesday, January 16, 2002 1:40 pm subject: RE: Legal requirements RE: statistics > My client has followed all of the recommended standards of WCAG > Level AAA, > along with other W3C recommendations and Section 508, so I know > that the > problem in not my client's site. > > Upon further investigation, I find out that the plaintff has been > accessingthe internet with IE 4 or lower, or Netscape 4.7 or > lower, then I would > expect the court would clear my client of any wrongdoing. This is reasonable. The UK Act requires the service provider (ie your client) to make reasonable enquiries and you have done so, as you have complied with various guidelines etc. The fact that the problem lies with using an older browser, rather than a newer one means that the accessibility problem has not arisen as a result of the disability. The UK code of practice gives the following analogy: A group of football fans travel to the opposing team's ground and amongst them is someone with cerebal palsy. If the entire coachload is turned back because of this then discrimination will be taking place. However, if the same group have been in the pub for several hours beforehand and they are *all* drunk and being abusive (including the person with cerebal palsy) then it would not be discrimination to turn them all back. > However, let's continue and theorize that the plaintiff's lawyer > providesthe 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. This is no longer a *disability* accessibility problem. Perhaps it could be termed a 'social' accessibility problem. As long as there is no reason related to his disability that the plaintiff has to use the software there is arguably no case to answer.
Received on Wednesday, 16 January 2002 11:01:08 UTC