Re: professionalism and wysiwyg

by "Michelle L. Kinsey-Clinton" <mkinsey(at)mindspring.com>

 Date:  Fri, 09 Oct 1998 15:53:19 -0400
 To:  <hwg-theory(at)hwg.org>
 In-Reply-To:  oemcomputer
  todo: View Thread, Original
At 03:03 PM 10/9/98 -0400, Mike Burks wrote:
>And if they do not pass ADA muster and you get sued?

Do you really think that's a viable possibility---that the validation
police will actually come after me?!

I don't. I never have. You can check the archives for my opinion of the ADA
as it applies to the web. And I'll embellish those previously stated
opinions with this: if I get sued for doing a site in, say, nothing but
Flash, under the ADA... I'll countersue as a response to the attemped
violation of my rights to freedom of expression under the First Amendment.
And my lawyer's first assignment in the proceedings will be a motion to
dismiss the suit as frivolous.

Here's why: I *am* capable of use of judgment with regards to the best way
to present my material, and you can bet that in the event that I have a
site with information that *needs* to be presented to *everybody*, for
whatever reason, I'll make sure it's accessible. See, I *am* a
professional, and I *do* know what I am doing. So that leaves, say, my
online personal art portfolio open to lawsuits from cranky blind people who
think I'm oppressing them because I've not provided them a way to *hear* my
visual artwork.

The issue here seems to be not validation per se, but an unwillingness on
the parts of some web site designers (the ones who used to be technical
writers, is my guess) to first admit that not every site on the web is
appropriate for validation, because *validation is creatively
restrictive*---and then to allow the creators of individual sites to make
their own judgment calls regarding the need for their projects to be
validated.

Okay, then, I'm done with the validation discussion. Again. Until the next
time someone comes up with such a laughable reason why I ought to be
quivering in my boots at the idea of not validating. Mike, I've no doubt
you have none but the best of intentions, but really, threat of a lawsuit
is the *last* reason I have done or will ever validate a website. I might
as well have ended my foray into the radio business because I was afraid
I'd get sued by a deaf person (as opposed to the reason I DID leave,
something to do with lack of paychecks...). Or you might as well say all
television must be appropriate for six-year-olds because at any given time
some six-year-old somewhere might be watching.... er... well... okay, never
mind on that one. ;)

For me, faith in the system has to include faith that the system will
continue to make a little bit of sense. Against all mounting evidence to
the contrary.







Michelle L. Kinsey-Clinton

"After a reading of the Starr report I am impressed by the salacious and
voyeuristic nature of your work.... I congratulate you for having opened 
the doors of libraries and schools to pornographic literature. Those of 
us at Hustler need your assistance in extending the parameters of 
pornography to a wide community of adults. You have opened a new era in 
promoting explicit sexual materials."
    -- Larry Flynt, in a letter to Ken Starr, offering the Independent 
       Counsel a job with Hustler Magazine as 'Pornography Adviser' .

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