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Blind Man Sues Southwest Over Website Non-Accessibility
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posted by md
on Monday October 07, @07:04AM
from the dept.
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A sight-impared man recently brought suit against Southwest Airlines, after he attempted to access their Website only to discover that it was not compatible with software that reads the text on sites to those who cannot see them. The suit is brought under the Americans with Disabilities Act (ADA), which requires that "public accommodations" be made accessible to those with disabilities. The law, which for example requires brick-and-mortar stores to be accessible to those with wheelchairs, has never been determined to apply to websites as well. The key question is whether a website actually is a "public accommodation" under the law, which was enacted well before websites were part of popular society. Law.com has excellent coverage of the case, which includes a run-down of relevant judicial precent.
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Blind Man Sues Southwest Over Website Non-Accessibility
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The Fine Print:
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by
Anonymous Coward
on Tuesday October 08, @06:10PM (#358)
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I don't have disabilities, and I think it should. Why should a disabled person be deprived of the internet, one of the greatest resouces there, when they are not deprived of almost everything else?
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but, is it fair to require everyone who publishes on the internet to supply a ADA version of their work?nategall says "blah!"
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And why not? text doesn't take up that much room on the server, so you wouldn't be paying significantly more for hosting of the ADA version of the work. Much more expensive to put in a ramp for wheelchair users.
A large number of blind and an even larger number of deaf individuals use the internet. Why should the internet be excluded from accessability laws, when it's actually one of the most accessable places in the world to many individuals who otherwise experience many limitations on their lives?
Of course, the internet opens many new cans of worms, with companies hosting overseas, or claiming an overseas address to avoid the requirements of the ADA. It's hard enough to enforce the ADA in physical places. (Accessability for the deaf to movie theaters, anyone?)
-Sara
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by
Anonymous Coward
on Thursday October 17, @08:35AM (#387)
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that's if you are only doing Level 1 compliance. There are 3 levels of compliance and it takes a lot of extra time to make the website entirely compliant - Making alt tags for all the images, creating names for all the tables. it's just a hassle. I might as well view the website in Lynx while I build it.
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Somehow I think that personal websites would be considered like personal homes, and the only sites ordered to comply would be commercial sites, government sites, and news sites. Ie: Sites where disabled users experience actual harm from being dis-included.
While a blind person MAY want to read about someone's little fluffy white dog Fru-Fru, and be denied access due to it being a flash website, I don't think the court would see actual harm in this, while if a blind person wants to purchase airfare, research laws, or purchase a product, they experience actual damages from being denied access, and the party denying them access in these circumstances typically have sufficient funding and resources to ensure that their sites are accessable, while bloggers and creators of personal websites most likely do not.
-Sara
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Is a book ADA compliant? How about an advertisement in a magazine, or the magazine itself? What about an order from from a catalog, or (you guessed it) the catalog?
As I see it the web is a system of information and communication, just as the telephone is the same to a lesser degree. I didn't see anything in the ADA witch applied to systems of communication or information systems. If your going to change the laws for the internet in this respect, then don't forget the telephone network, the mail network, the road network, and possibly many others.
If you can't use the catalog, then call the company. If you can't use the stairs, then try the ramp. If you can't use the web, then try the phone, or mail, or other means of commuincation. I can see requiring places to offer mor than one means of access, but I can't understand why you would restrict the internet in such a way. Hello, I'm your mind.
Sorry I havent' been around much, but I'm easily distracted by shiny objects.
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by
Anonymous Coward
on Sunday October 13, @08:10PM (#380)
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The parallel you make to pre-existing forms of communications is an interesting one, but hardly compelling. The ADA governs access to public and corporate buildings and services, places where business is transacted. As the web expands to fill the niche that 1-800 numbers and bank tellers once did, more public and private business will be conducted online. The USPS, for example, has removed many of its toll-free services in favor of its website--in this case, services that would be available to the rest of us are cut off for the blind. The same is becoming true of banks and online retailers. A decision on this issue would not have to be punitive for all webmasters, only those who offer a service on the web that cannot be accessed offline in any way. To wit, your library must comply with the ADA, but your house does not have to.
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I think the answer to this question gets back to one of those main questions that courts have danced around on the internet, that of public forums. While it is true that publicly accessible buildings have to have handicapped accessibility it is not true that my home has to comply. So the comment about personal websites is inapt I think. The question will be how do we define what pages, and therefore what spaces on the web should have to meet that higher standards, of course once those spaces are defined, they can create a whole mess of first amendment issues.
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Humanity has the stars in its future, and that future is too important to be
lost under the burden of juvenile folly and ignorant superstition.
- Isaac Asimov
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