[thelist] Flash, usability, accessibility

[Erik Mattheis]

At 10:59 PM +0100 6/8/02, Martin Burns wrote:
>On Saturday, June 8, 2002, at 09:49  pm, Erik Mattheis wrote:
>
>Erik, help me out here - you dispute that ADA applies to commercial
>enterprises in their online environments.
>
>Therefore you dispute one or both of the following statements
>
>1) ADA applies to all environments, including the online one
>2) ADA Covered Entities include commercial businesses, both in their
>dealings with the public and with their employees

The #1 and #2 are overly simplified: the ADA speaks both to
employment and accessibility of "public accommodations" ... in
respect to employment: "Yes" to both 1 and 2 ... including a
business' Intr_A_net (if the "environment" or "Entity" is covered by
the ADA .. ie, has more than 15 employees).

In respect to whether the ADA includes the Internet as a "public
accommodation": the web did not exist when the ADA was written and no
court has determined whether it is or isn't  covered. And my opinion
is that it isn't ... for this reason:

Courts have defined places of "public accommodations" as _physical_
places - ie, newspapers, television and radio stations are _not_
"public accommodations" as far as the ADA is concerned.

The Internet is more similar to a newspaper or television/radio
station than a restaurant, office building, or bookstore. My guess is
that if/when a test case arises, the Internet in general will be
exempt. Maybe, _maybe_ an on-line store would be considered a place
of "public accommodation" ... but I think it's a reasonable risk to
guess that _your_ on-line store will not be the test case.

Here is some testimony in synch with my opinion:
http://www.house.gov/judiciary/dorm0209.htm

>Where is the problem in your opinion?

In general, that all of the links supplied by people who think the
ADA covers web sites are not definitive, but are only opinions which
a court may take into consideration when and if the question is
before them. And non-generally, that some people are engaging in
fear-mongering involving "what if" situations.
--

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- Erik Mattheis

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