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Last Updated:
November 2006
Copyright©
2002 Indiana AccessIT.

 


Legal Overviews

Legal Case for Web Site Accessibility (sent on 9/09/04):

Dear Colleagues,

This message is intended to update you to the latest information regarding the legal case for web site accessibility.

Most recently, the N.Y. Attorney General expressed his opinion that the Americans With Disabilities Act (ADA) requires private web sites to be accessible to internet users who are blind or have a visual impairment when he announced settlements with two major travel web sites. Attorney General Eliot Spitzer voiced that the ADA , which dictates that all ˇ°places of public accommodation" and all "goods, services, facilities, privileges, advantages, or accommodations" of places of public accommodation, must be made accessible to citizens with disabilities unless there is undue burden to do so, applies to private web sites.

For the official press release please go to: http://www.oag.state.ny.us/press/2004/aug/aug19a_04.html

Thus far there has been one key legal case concerning web accessibility that did not result in a settlement: Maguire v Sydney Organizing Committee for the Olympic Games (SOCOG). Maquire filed the complaint in Australia under the Disability Discrimination Act, legislation similar to our ADA , against SOCOG for sponsoring a website that was inaccessible to him as a blind person. In August of 2000, the released decision supported Maguire's complaint and required provisions to be put in place to improve access to the Olympics website. When SOCOG did not comply with the order they were fined $20,000.

For more comprehensive information about the Maguire v SOCOG case go to: http://www.contenu.nu/socog.html

Although there are a limited number of legal cases to date, it seems that only time is needed before the legislation more explicitly includes fair access to information technology for all persons. The decisions in favor of individuals with disabilities explained above should set a precedent for other public web sites. We can be certain that now is the best moment for educational institutions to make their websites accessible in order to be prepared for the future.

For a brief overview of web accessibility legal cases worldwide we recommend that you refer to: http://www.uclan.ac.uk/ldu/resources/accessibility/legal_overview_final_draft.htm

Another excellent reference, which pertains specifically to postsecondary entities in the U.S. , is the following web page: http://www.washington.edu/accessit/webpslegal.html

IN-AccessIT: Accessibility Laws (sent on 12/15/05):

Dear Colleagues,

We were recently asked questions about the legal ramifications associated with accessibility and institutions of higher education.  Because this is a complex issue, we thought you might enjoy the following articles on the topic:

Does Section 508 apply to a state university or community college?

http://www.washington.edu/accessit/articles?234      

Are there any court cases on web accessibility and the obligations of postsecondary institutions under Section 504 or ADA?

http://www.washington.edu/accessit/articles?228

What civil rights challenges might our postsecondary institution have if our websites are not accessible?

http://www.washington.edu/accessit/articles?117

Also, we wanted to let you know that Indiana 's Public Law 28 was slightly modified and renamed Public Law 177 in the last session.  To read more on this law, please visit the Indiana Legislative Services Agency web page at:

http://www.in.gov/legislative/ic/code/title4/ar13.1/ch3.html

Indiana Institute on Disability and Community Logo Indiana AccessIT is supported by the Center for Disability Information and Referral and the Center for Planning and Policy Studies at the Indiana Institute on Disability and Community, located at Indiana University - Bloomington.
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