Time: Thu Nov 27 08:18:21 1997
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Date: Thu, 27 Nov 1997 08:09:57 -0800
To: Jason J Cho <jjc7@cornell.edu>
From: Paul Andrew Mitchell [address in tool bar]
Subject: SLS: ADA and Web Sites (fwd)
ADA is Americans with Disabilitites
Act.
ADA is unconstitutional because it
cites the so-called 14th amendment
for authority.
See Dyett v. Turner, Utah Supreme
Court (1968), for the relevant facts.
/s/ Paul Mitchell
http://supremelaw.com
At 02:17 AM 11/26/97 -0500, you wrote:
>
>None other than Tom Harkin (D-IA) is behind the government's requirement
>for ADA compliance by certain web administrators. Thanks, Tom.
>
> Jason J Cho | Lambda Chi Alpha | Executive Director
> History '98 | 125 Edgemoor Ln | Cornell College Republicans
> jjc7@cornell.edu | Ithaca, NY 14850 | Box 42 Willard Straight Hall
>webmaster@iswza.org | (607) 273-0518 | Ithaca, NY 14853-8201
>
>(attached message follows)
>----------------
>Date: Tue, 11 Nov 1997 12:54:38 -0500 (EST)
>From: Thomas Scott
>To: Recipient List Suppressed:;
>Subject: INFO: Americans with Disabilities Act and Web Sites
>Message-ID: <v0310280eb08e043aa5e3@[128.253.252.203]>
>
>Tom Harkin, U.S. Senator from Iowa, asked the Civil Rights Division of
>the U. S. Department of Justice if the Americans with Disabilities Act
>(ADA) applies to Web sites. The following is an excerpt from the
>National Disability Law Reporter, Vol. 10, Issue 6, 9/11/97. The short
>answer is Yes, the ADA applies to Web sites. The excerpt is attached.
>
>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
>subject 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 effective
>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. ? 36.303; 28 C.F.R. ? 35.160. Auxiliary aids
>include taped texts, Brailled materials, large print materials, and
>other methods of making visually delivered materials 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 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 than 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.
>I hope this information is helpful to you in responding to your
>constituent.
>Deval L. Patrick
>Assistant Attorney General
>Civil Rights Division
>United States Department of Justice
>
>(end)
>
>
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===========================================================================
Paul Andrew Mitchell, Sui Juris : Counselor at Law, federal witness 01
B.A.: Political Science, UCLA; M.S.: Public Administration, U.C.Irvine 02
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