[thelist] US Judge rules that ADA applies to websites

Tab Alleman talleman at Lumpsum.com
Mon Sep 11 15:28:37 CDT 2006


I wonder how long until the same rulings that are applied to public-facing websites will also be applied to internal software, perhaps ultimately requiring that all internal systems be accessible to handicapped potential employees.

> -----Original Message-----
> From: thelist-bounces at lists.evolt.org
> [mailto:thelist-bounces at lists.evolt.org]On Behalf Of Max Schwanekamp
> Sent: Monday, September 11, 2006 3:48 PM
> To: thelist at lists.evolt.org
> Subject: Re: [thelist] US Judge rules that ADA applies to websites
> 
> 
> > From: Matt Warden 
> > On 9/11/06, Judah McAuley <judah at wiredotter.com> wrote:
> > > Judge Marilyn Hall Patel in the 9th District has ruled that the 
> > > Americans with Disability Act (ADA) applies to companies public 
> > > websites. Target...
> > > Now you can go to your clients and explain that having an 
> > accessible 
> > > website is not only a polite thing, it may also keep you 
> > from getting sued.
> > 
> > I have been following this, but I somehow suspect that this 
> > is being interpreted too broadly. I am waiting for a legal 
> > analysis of this, because I really can't see this single 
> > decision forcing companies to spend what would end up being a 
> > HUGE amount of money to make their sites ADA compliant.
> 
> Ramps, elevators, etc were expensive too, but it did happen.  
> You're right
> that should this case be decided in favor of the Federation 
> of the Blind, it
> alone won't be enough to force the adoption. As the 
> groundwork is first laid
> with cases setting precedents on specific points, the wheels 
> of law turn
> very slowly, but often once inertia is broken, they accelerate.
> 
> > Specifically, the ruling is currently only applicable to 
> > sites which enhance the physical side of the business.
> 
> That's a pretty fragile distinction.  It may be that this 
> particular case
> gets decided on that point, but the ADA issue with respect to 
> websites owned
> by US businesses is unlikely to remain there IMHO.  Thus it 
> behooves us as
> developers to be proactive from the start.
> 
> > This is not a decision but a refusal to dismiss the case:
> > http://yro.slashdot.org/comments.pl?sid=196171&cid=16073518
> 
> Good point, but it *is* a decision of sorts, as the judge did 
> decide the
> plaintiffs' case has sufficient merit to proceed.  While not
> precedent-setting, it does mean that the case will be getting 
> additional
> press, bringing the question of website accessibility forward 
> a bit in the
> media, and thus it's slightly more likely that clients will 
> ask "is our site
> ADA-compliant?" (Nevermind there is no ADA standard for websites).
> 
> -- 
> Max Schwanekamp
> NeptuneWebworks.com
> 
> 
> 
> -- 
> 
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