- From: Jim Thatcher <jim@jimthatcher.com>
- Date: Sat, 28 Aug 2004 17:26:44 -0500
- To: "'Phill Jenkins'" <pjenkins@us.ibm.com>, <w3c-wai-ig@w3.org>
- Cc: <webaim-forum-d@list.webaim.org>
- Message-ID: <000e01c48d4e$1ce742e0$6801a8c0@jtcom2400>
Phill Jenkins: > but I found it interesting that Priceline.com is not headquartered in NY, but was incorporated in > Delaware and is headquartered in Connecticut Indeed it is interesting, but not surprising that a legal expert (The AG of NYS) should decide that web business' headquarters is immaterial. The issue for the AG was that these websites were "places of public accommodation" just like brick and mortar buildings. The wave of the future, I believe. Phill Jenkins: > Does the State of New York or New Jersey actually specify WCAG 1.0 No - it is clear that the AG concluded that the sites had to be accessible to "people with disabilities" and then he had the sense to try to define that. He used a combination of WCAHG P1 and P2 and 508 - as he should! Phill Jenkins: > it seems that the policy under which the complaint was filed was the ADA, but I'm confused why the > 508 Web standard wasn't chosen or cited as the standard since it is also a Federal policy like the > ADA There is no reason to appeal to 508 - it is a law talking about Federal procurement. The AG of NY was faced with the question, what is web accessibility, and drew on both 508 and WCAG for the answer. There is no applicability of the NY Attorney General's action - which you seem to be looking for. I can tell you that if I were a high profile business on the web I would start now to work to meet standards like those referenced in the AG's document. It would be a lot cheaper than going through the process that Ramada and Priceline have just entered/completed. The Justice Department has issued an opinion that the ADA applies to web businesses. Now the New York Attorney General has taken an action based on that premise. There has been one Judge who has decided otherwise, a decision that is under appeal. That is better than 2 to 1 as I count it. Jim Accessibility Consulting: <http://jimthatcher.com/> http://jimthatcher.com/ 512-306-0931 -----Original Message----- From: w3c-wai-ig-request@w3.org [mailto:w3c-wai-ig-request@w3.org] On Behalf Of Phill Jenkins Sent: Monday, August 23, 2004 10:13 AM To: w3c-wai-ig@w3.org Cc: webaim-forum-d@list.webaim.org Subject: RE: New York Attorney General holds ADA applies to Web Businesses. I'm not a lawyer either, but I found it interesting that Priceline.com is not headquartered in NY, but was incorporated in Delaware and is headquartered in Connecticut (See note 1 SEC filings). Also, Ramada.com has a "Term of Use" agreement (see note 2) that includes a section 11 on the governing laws and jurisdiction. [Yes, this is only the second time I actually read the terms of use of a web site/application.] It basically says that you agree to be governed by the laws of the State of New Jersey. Thatcher said: "If you look in detail, you will find that the agreement is pretty close to WCAG AA ..." Does the State of New York or New Jersey actually specify WCAG 1.0, or was that just used by AGO? So if I incorporate in a state that uses the 508 web standards, am I held to those guidelines, or if I incorporate in a state that uses the WCAG 1.0 standards, am I held to those standards? Can I pick which state (or country) I choose to operate under? Can I pick which standard (or level a double A, or triple AAA) I choose to follow? There is also a priceline.co.uk, a London based travel services, and they invest in an Asian travel service, also called Priceline.com, that operates in Hong Kong and Singapore. Which accessibility standard is applicable to these two sites? Does the U.K.'s DDA specify a particular standard - such as WCAG 1.0 A (priority 1)? Forgive me for wandering into the policy discussion, but it is the policy (laws, policies, purchasing regulations, etc) that typically points to technical standard, or includes the technical specs as does 508 and ADA [although ADA does NOT reference Web accessibility standards], or leaves it totally open with statements like "must be accessible to people with disabilities". In this New York case, it seems that the policy under which the complaint was filed was the ADA, but I'm confused why the 508 Web standard wasn't chosen or cited as the standard since it is also a Federal policy like the ADA. Regards, Phill Jenkins IBM Research - Accessibility Center www.ibm.com/able Note 1 SEC filings http://www.corporate-ir.net/ireye/ir_site.zhtml?ticker=pcln&script=1901) Note 2 Terms of Use http://www.ramada.com/Ramada/control/terms_of_use 11. 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Received on Saturday, 28 August 2004 22:26:58 UTC