[thelist] targeting effectively

Ben Dyer ben_dyer at imaginuity.com
Mon Mar 25 14:10:01 CST 2002

On 01:40 PM 3/25/2002, David Kutcher said to me:
> > >Note that in the UK, there is also legislation covering discrimination in
> > >employment, so a JS-requiring CMS is also in trouble.
> > And someone correct me if I'm wrong, but I believe there has never
> > been a successful case where a non-governmental site was forced to
> > put alt and title tags on all their images. The accessibility laws
> > only apply to governmental sites ... just like it's a private
> > company's prerogative to make their website accessible.

You are right.  But only technically.


Settled out of court, so there is technically no legal precedence.

But, it's merely a matter of time.

>Can someone please educate me in the following:
>1. how requiring that a browser have javascript turned on is employment

Not sure myself.  I missed that part of the discussion.

>2. how a non-publicly funded organization can be liable for not providing
>access to ALL users

Section 508 does technically only apply to federally-funded web
sites.  However, the Americans with Disabilities Act applies to everyone:


"The ADA prohibits discrimination and ensures equal opportunity for persons
with disabilities in employment, State and local government services,
public accommodations, commercial facilities, and transportation. It also
mandates the establishment of TDD/telephone relay services."

The key phrases being "public accommodations" and "commercial facilities."

>3. and how a company that is not registered in zimbabwe can be sued under
>zimbabwe's laws regulating the internet (sorry to pick on zimbabwe, but
>first non-US country to come to mind)

Well, France sure seems to think it's possible:


>And while you're at it, can you provide any relevant court hearings that
>discuss this in how they pertain to organizations that are not funded in
>part by the governments of countries.

See the Wired article link about AOL above.  And ,yes,

   - It does apply to software, not the internet
   - AOL is one the bigger targets
   - And it was settled out of court (which means no legal precedence)

But, it can only be a matter of time...

>Last time I checked, providing a ramp to your office was your decision when
>you met with the architect (if you are a non-government funded org).  Yes, I
>can choose not to provide one, just like people can choose not to use my

Then you haven't checked in a while.


>Sec.36.304 Removal of barriers.
>(a) General. A public accommodation shall remove architectural barriers in
>existing facilities, including communication barriers that are structural
>in nature, where such removal is readily achievable, i.e., easily
>accomplishable and able to be carried out without much difficulty or expense.
>(b) Examples. Examples of steps to remove barriers include, but are not
>limited to, the following actions --
>(1) Installing ramps;

It is required under the ADA, but I believe is generally left up to local
and state governments to determine specific implementation (1 handicapped
parking space for every 20 nonhandicapped spaces, etc.).

I believe this covers that:



Ben Dyer, Senior Internet Developer, Imaginuity Interactive

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