- From: Access Systems <accessys@smart.net>
- Date: Fri, 4 Feb 2005 20:11:24 -0500 (EST)
- To: david poehlman <david.poehlman@handsontechnologeyes.com>
- cc: Kelly Pierce <kpierce2000@earthlink.net>, "John Foliot - WATS.ca" <foliot@wats.ca>, "'wai-ig list'" <w3c-wai-ig@w3.org>
On Fri, 4 Feb 2005, david poehlman wrote: > It might be the likely claim, but the challenge by a disabled person who is > employed in a shop which does not use ie would be that the services cannot > be performed for his employer because the institution serving up those > services disallows the choice. The ada is all about impact. This is > impact. I believe that this is on a par with giving me braille when I > cannot physically read braille. I don't understand why this argument is not accepted, since ADA does indeed say (at 28CFR36.303(a) ) "A public accomodation SHALL take those steps that may be neccessary to ensure that NO individual with a disability is excluded, denied services, segregated or ootherwise treated differently than other individuals beecause of the absence of auxiliary aids and services..." if you cannot use braille then they are required to provide auxiliary aids unless it can be proven that it is an undue burden, (undue burden proof is on the provider of the accomodation) that you can effectively use. be it audio or large print. EFFECTIVELY USE!! is the key phrase, if it is not able to be used effectively then it is still a violation. Bob (emphisis mine) ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ CONFIGURE YOUR E-MAIL TO SEND TEXT ONLY, see http://expita.com/nomime.html +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ "They that can give up essential liberty to obtain a little temporary safety deserve Neither liberty nor safety", Benjamin Franklin - - - - - - - - - - - - - - - - - - - ASCII Ribbon Campaign accessBob NO HTML/PDF/RTF in e-mail accessys@smartnospam.net NO MSWord docs in e-mail Access Systems, engineers NO attachments in e-mail, *LINUX powered* access is a civil right *#*#*#*#*#*#*#*#*#*#*#*#*#*#*#*#*#*#*#*#*#*#*#*#*#*#*#*#*#*#*#*#*#*#*#*#*#*#*# THIS message and any attachments are CONFIDENTIAL and may be privileged. They are intended ONLY for the individual or entity named
Received on Saturday, 5 February 2005 01:11:20 UTC