Web accessibility: still waiting for a case

In October 2002 a federal judge ruled against a claim that Southwest Airlines had violated federal law by failing to make its web site fully accessible to disabled internet users; the judge said a Web site isn’t a “place of public accommodation” covered by the Americans with Disabilities Act because it isn’t a “place” at all. In large part because of that ruling, there hasn’t been the rush that many of us expected to file ADA complaints against online publications and e-commerce providers. But the National Council on Disability, a federal agency, put out a position paper last summer (Jul. 10) aimed at renewing the push to get ADA applied to the Web. And disability rights activists, who are conceding nothing, hope to re-litigate the issue. “‘The Southwest Airlines ruling has set back the process of trying to get Internet sites covered by the ADA,’ said Curtis Chong, who heads the computer science division of the National Federation of the Blind. ‘But one of these days we’ll find a better place to file a better suit and maybe try and get it taken care of.'” If that ever happens, all hell is likely to break out in the online world. (Mark Thompson, “Courts Yet to Make Definitive Ruling on Online Access for the Disabled”, Online Journalism Review, Dec. 10). In its update the magazine quotes at considerable length what I told a Congressional panel in Feb. 2000 (and even runs my picture). Update Feb. 8, 2006: NFB sues retailer Target under California state law.

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