[NIFL-TECHNOLOGY:2654] Ruling: ADA doesn't apply to Web

From: Steve Linberg (steve@silicongoblin.com)
Date: Tue Oct 22 2002 - 15:15:47 EDT


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From: "Steve Linberg" <steve@silicongoblin.com>
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Subject: [NIFL-TECHNOLOGY:2654] Ruling: ADA doesn't apply to Web
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In what looks like an important and groundbreaking ruling, a federal judge
has ruled that the Americans with Disabilities Act (ADA) does not apply to
Web sites.  A blind user was suing Southwest Airline because its website
did not meet accessibility standards.  The judge dismissed the case with
prejudice.

http://news.com.com/2100-1023-962761.html

I imagine this is not going to be the final word on the case, but it's the
first major ruling that I've heard of that tests the applicability of the
physical-space-oriented ADA to the virtual space of the Web.

It's not clear to me off the bat how or whether this will impact Section
508 requirements for federally-funded sites.

Validating and Bobby-checking your site's pages might not be a requirement
in the face of this ruling, but it's still a good idea.  We'll watch for
appeals; part of the judge's ruling hinged on the fact that there is no
established standard for measuring a site's accessibility, but the people
who do the Web Accessibility Iniative would probably disagree.  We'll see
what happens.

My personal sense on this is that if the courts had ruled against
Southwest, then that would have opened the floodgates for a slew of
lawsuits against any business that had a website that wasn't
standards/Bobby-compliant, which is nearly all of them, and the courts
didn't want to see that - understandably.  I do think we'll see movement
towards accessibility requirements in time, but this case has put the
brakes on hard for the moment.

-- 
Steve Linberg, Chief Goblin 
Silicon Goblin Technologies 
http://silicongoblin.com 
Be kind.  Remember, everyone you meet is fighting a hard battle. 



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