[thelist] targeting effectively

Luther, Ron Ron.Luther at COMPAQ.com
Wed Mar 27 20:10:26 CST 2002


Hi Erik,


I guess I missed it.  How is bouncing an abusive user from [an exempt "private club"] 'More applicable' than restricting functional access to disabled individuals?

There didn't seem to be anything in this case dealing with 'functional accessibility'.


RonL.


>From source:
Appellant Hooks filed suit against OKBridge after it terminated his membership. Hooks I, slip op. 1-2. OKBridge claimed that it terminated Hooks because of his persistent posting of obscene and abusive messages on the site's discussion forum and because he cheated during a bridge tournament. Id. at 3. Hooks claimed that these allegations were false and a pretext for terminating him because he suffers from Bi-Polar disorder and other disabilities. Id. at 2-3.

3. The district court entered summary judgment against Hooks on numerous alternative theories. Hooks I, slip op. 4-8; Hooks v. OKBridge, No. 99-214 (W.D. Tex. Aug. 4, 1999) (Hooks II). Among other things, the court held that Title III did not apply to OKBridge because Defendant provides its services over the internet rather than at a physical place. Hooks II, slip op. 7. The court also held that even if Title III applied, OKBridge is an exempt "private club" under 42 U.S.C. 12187 because by not offering lessons in playing this rather complicated game, Defendant effectively limits its membership to those who know how to play bridge. Hooks II, slip op. 7-8. Hooks appealed, challenging both rulings and raising additional arguments not addressed in this amicus brief.

-----Original Message-----
From: Erik Mattheis [mailto:gozz at gozz.com]

PS - Here's an interesting case that's just as or probably more
applicable to this discussion than Sydney - someone (unsuccessfully)
suing a private website under the ADA:

http://www.google.com/search?q=OKbridge+ADA

--

__________________________________________
- Erik Mattheis

(612) 377 2272
http://goZz.com/

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