[thelist] FWD: Internet World - The Dark Side Of Regulation

> There are two questions in play that have gotten blurred in the heat
>of discussion: 1) Are accessibility guidelines reasonable? and 2) should
the
>Federal government mandate their use?

1. Yes they are.

A. There is really nothing in the proposed guidelines that would create a
"burden", either on the coding or the tools side.

B. The proposed regulations are an extension of the ADA and the federal
governments responsibilty to provide equal access to the services that we
pay taxes for and have legislated.
C. Yes, we know that we would have done things differently, but that's the
way our government works.

2. Yes.
    A. We as designers and the people where the buck stops, have not done a
good job of being aware, understanding, or caring about how our work impacts
our clients and their customers.

B. By having a set of guidelines in place, we will have a floor to start.
This does not imply that these laws are set in stone, or that a concerted
effort cannot effect change.

C. Be advised that there is always a Request for Comment Period. It is Your
responsibility to be aware of these and to do what you feel is right.
Respond, Advise or Ignore. This is your choice.

> Actually, the Justice Department has concluded that the ADA applies
>to "private" web sites. Taken literally, this means *all* non-government
web
>sites.

That is not correct.

In a letter dated September 9, 1996, Deval L. Patrick, Assistant Attorney
General, Civil Rights Division wrote to Sen. Harkins, and expressed the
following Opinion,
<snip>
"The Americans with Disabilities Act (ADA) requires State and
local governments and places of public accommodation..."
</snip>

Futhermore Deval Patrick states,
<snip>
"Covered entities under the ADA are required to provide
effective communication, regardless of whether they generally
communicate through print media, audio media, or computerized
media such as the Internet.  Covered entities that use the
Internet for communications regarding their programs, goods, or
services must be prepared to offer those communications through
accessible means as well."
</snip>

http://www.usdoj.gov/crt/foia/cltr204.txt

*NOTE* AOL is currently being sued by the National Federation for the Blind
under the theory that AOL Is a public accomodation.
(with 14 million members it's hard to fault the logic of this lawsuit)
-------------------------------------------------------------
This is not New stuff.

I. United States Department of Justice Policy Ruling, 9/9/96:
ADA Accessibility Requirements Apply to Internet Web Pages 10 NDLR 240
The Americans with Disabilities Act (ADA) requires covered entities to
furnish appropriate auxiliary aids and services where necessary to ensure
effective communication with individuals with disabilities, unless doing so
would result in a fundamental alteration to the program or service or in an
undue burden.
The effective communication rule applies to covered entities using the
Internet for communications regarding their programs, goods or services
since they must be prepared to offer those communications via an accessible
medium. This includes many companies that contract to state and local
governments including state Universities.

This is not New stuff.
People with Disabilities and NII: Breaking Down Barriers, Building Choice
Last Updated: September 7, 1994
http://www.itpolicy.gsa.gov/cita/sb-paper.htm

>Quite frankly, I am amazed at the high percentage of Evolters who are
>in favor of the Federal government asserting widespread legal control over
>the web, simply because the stated end is "good".

The catagorical belief that anything the g'vment does is evil, and will
cause you harm, is to ignore the fact that without regulation you would not
be reading this, nor would their be a internet to discuss these and all of
the other issues we discuss.

[summary]

The Section 508 guidelines apply to U.S. Government websites, State
Government websites and to public/private websites that do Business with the
government.

It does Not apply to sites that do not do business with the government.
It does not tell You what to use, how to use it, or restrict your
creativity.





[commentary]

4 years ago, we as a herd, were putting up "best viewed with whatever" and
links to the latest version of whatever we decided to support.

3 years ago, we went Dynamic, with all of the cross-browser agony that
entails.

2 years ago, with the W3C 4.0 recommendations, on HTML and CSS, we began the
process of separating style from content and using somewhat vendor neutral
technologies( realaudio, flash, etc.) to tell our stories.

Last year brought the browser makers to the table to support the W3C 4.0
recommendations, to hopefully make our job easier. We will see.

The problem is in our individual use of features. We are all guilty of
hearing the siren song of new stuff and techniques, extending and
incorporating them into the next site we build. From images to applets, we
try them, use them, change them, improve them and my case, break a lot of
them.

You, your employer, or clients will have to determine how many people can
see what you do.


the head lemur
alan herrell
http://www.lemurzone.com
Member WaSP
http://www.webstandards.org