Re: Fw: Front Pages

by "Mike Burks" <mburks952(at)worldnet.att.net>

 Date:  Sun, 30 Aug 1998 12:57:42 -0400
 To:  <JustGio(at)aol.com>,
"hwg-theory" <hwg-theory(at)hwg.org>
  todo: View Thread, Original
All,

for those who asked which laws, the most widely applied (The ADA) has the
DOJ ruling quoted below.  This is of course only applicable to US companies
and those who do business within the US.

There are several other laws that apply within the US depending on what the
situation is.  Feel free to post this ruling anywhere you like.  Non
compliance can be expensive.

Just for your information Bobby is not a guarantee that a web site is
accessible.  Also a determined compliance organizaton could start to rate
web sites and file actions against both the owner and the designer for non
compliance.  This could be expensive for both.  There are organizations that
are dedicated to ths end in the real world and I assure you it will happen
in cyberspace.  Particularly since the aging population of the US has the
highest incidence of disability, and they control a huge proportion of the
disposable income.

Keep this in mind.  The ruling is not theory, it is fact.

Sincerely,

Mike Burks

Here is the DOJ Ruling on the ADA

> Posted in the National Disability Law Reporter, Vol. 10, Iss. 6, par. 240
> September 11, 1997  1053-1084/97
>
> The Honorable Tom Harkin
> United States Senate
> Washington, DC 20510-1502
>
> Digest of Inquiry
> (July 31, 1996)
>
> To what extent does the ADA require that Internet web pages be accessible
> to people with visual disabilities?
>
> Digest of Response
> (September 9, 1996)
>
> ADA Accessibility Requirements Apply to Internet Web Pages
>
> Entities to Title II or III of the ADA must provide effective
> communication
> to individuals with disabilities, and covered entities that use the
> Internet to provide information regarding their programs, goods or
> services
> must be prepared to offer those communications through accessible means.
> Such entities may provide web page information in text format that is
> accessible to screen reading devices that are used by people with visual
> impairments, and they may also offer alternative accessible formats that
> are identified in a screen-readable format on a web page.
>
> -----
>
> Text of Inquiry
>
> I have recently been contacted by one of my constituents who has a concern
> over the administration's policy on making Web pages compatible for the
> disabled.  I respectfully ask you to review the administration's policy on
> this issue and send me a clarification so that I might be able to respond
> to my constituent's questions.  It would be helpful if you could mark your
> correspondence with my office to the attention of Laura Stuber.
>
> Thank you in advance for your assistance on this matter.
>
> Text of Response
>
> I am responding to your letter on behalf of your constituent, [],
> regarding accessibility of "web pages" on the Internet to people with
> visual disabilities.
>
> The Americans with Disabilities Act (ADA) requires State and local
> governments and places of public accommodation to furnish appropriate
> auxiliary aids and services where necessary to ensure effect communication
> with individuals with disabilities, unless doing so would result in a
> fundamental alteration to the program or service or in an undue burden.
> 28
> C.F.R. Sec. 36.303; 28 C.F.R. Sec. 35.160.  Auxiliary aids include taped
> texts, Brailled materials, large print materials, and other methods of
> making visually delivered material available to people with visual
> impairments.
>
> Covered entities under the ADA are required to provide effective
> communication, regardless of whether they generally communicate through
> print media, audio media, or computerized media such as the Internet.
> Covered entities that use the Internet for communications regarding their
> programs, goods, or services must be prepared to offer those
> communications
> through accessible means as well.
>
> Mr. [] suggests compatibility with the Lynx browser as a means of assuring
> accessibility of the Internet.  Lynx is, however, only one of many
> available options.  Other examples include providing the web page
> information in text format, rather then exclusively in graphic format.
> Such text is accessible to screen reading devices used by people with
> visual impairments.  Instead of providing full accessibility through the
> Internet directly, covered entities may also offer other alternate
> accessible formats, such as Braille, large print, and/or audio materials,
> to communicate the information contained in web pages to people with
> visual
> impairments.  The availability of such materials should be noted in a text
> (i.e., screen-readable) format on the web page, along with instructions
> for
> obtaining the materials, so that people with disabilities using the
> Internet will know how to obtain the accessible formats.
>
> cc: Records, Chrono, Wodtach, McDowdeny, Hill, FOIA
> n:
> udd
> hille
> policylt
> harkin.ltr
> sc. young-parran
>
> The Internet is an excellent source of information and, of course, people
> with disabilities should have access to it as effectively as people
> without
> disabilities.  A number of web sites provide information about
> accessibility of web pages, including information about new developments
> and guidelines for development of accessible web pages.  Examples include:
>
> http://www.gsa.gov/coca/wwwcode.htm
> Center for Information Technology Accommodation
> General Services Administration
>
> http://www.trace.wisc.edu/text/guidelns
> Trace Center, University of Wisconsin
>
> http://www.webable.com/index.html
>
> http://www.psc-cfp.gc.ca/dmd/access/welcomi.htm
>
> These sites may be useful to you or your constituent in exploring the
> accessibility options on the Internet.  In addition, the Department of
> Justice has established an ADA home page to educate people about their
> rights and responsibilities under the ADA and about the Department's
> efforts to implement the ADA.  The address of the ADA home page is
> http://www/usdoj.gov/crt/ada/adahomi.htm.
>
> I hope this information is helpful to you in responding to your
> constituent.
>
> Deval L. Patrick
> Assistant Attorney General
> Civil Rights Division
>

-----Original Message-----
From: JustGio(at)aol.com <JustGio(at)aol.com>
To: mburks952(at)worldnet.att.net <mburks952(at)worldnet.att.net>
Date: Sunday, August 30, 1998 2:28 AM
Subject: Re: Fw: Front Pages


>In a message dated 8/29/98 11:24:50 PM US Eastern Standard Time,
>mburks952(at)worldnet.att.net writes:
>
><<
> as far as accessibility goes, remind your clients it is the law. Period.
>
> Sincerely,
>
> Mike Burks >>
>Does this mean I have to have wheelchair ramps, wider pages and braille
>translators for my pages???  What Laws are you referring too??
>Gio
>

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