[blindlaw] Need some case authority

[Ross Doerr]

That is extremely helpful. While it deals primarily with web browsing on a
phone, it still gets to the point.
If you run across any case authority that makes it into any particular state
or federal court I'd apprciate nowing about it.
Thanks Mathias.
Ross
 

-----Original Message-----
From: blindlaw [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of Matthias L.
Niska
Sent: Monday, May 13, 2013 2:31 PM
To: blindlaw at nfbnet.org
Subject: Re: [blindlaw] Need some case authority

Ross,

I just happened to be researching the CVAA on Friday, and found out that it
applies to cell phones that contain Web browsers. Or to be more precise, it
requires that the web browser function on a cell phone, as well as the
ability to launch said web browser, be accessible to persons with
disabilities.  While my understanding is that CVAA doesn't have a private
right of action (I believe one has to file an administrative complaint with
the FCC) you might want to check out that statute and its regulations.
Specifically, you could start with 47 U.S.C. § 619 and accompanying
regulations.

Here is the text of Section 619:

(a) Accessibility

If a manufacturer of a telephone used with public mobile services (as such
term is defined in section 610(b)(4)(B) of this title) includes an Internet
browser in such telephone, or if a provider of mobile service arranges for
the inclusion of a browser in telephones to sell to customers, the
manufacturer or provider shall ensure that the functions of the included
browser (including the ability to launch the browser) are accessible to and
usable by individuals who are blind or have a visual impairment, unless
doing so is not achievable, except that this subsection shall not impose any
requirement on such manufacturer or provider--

(1) to make accessible or usable any Internet browser other than a browser
that such manufacturer or provider includes or arranges to include in the
telephone; or

(2) to make Internet content, applications, or services accessible or usable
(other than enabling individuals with disabilities to use an included
browser to access such content, applications, or services).

(b) Industry flexibility

A manufacturer or provider may satisfy the requirements of subsection (a)
with respect to such telephone or services by--

(1) ensuring that the telephone or services that such manufacture or
provider offers is accessible to and usable by individuals with disabilities
without the use of third party applications, peripheral devices, software,
hardware, or customer premises equipment; or

(2) using third party applications, peripheral devices, software, hardware,
or customer premises equipment that is available to the consumer at nominal
cost and that individuals with disabilities can access.


I hope that is helpful,
Matthias

--- On Mon, 5/13/13, blindlaw-request at nfbnet.org
<blindlaw-request at nfbnet.org> wrote:

> From: blindlaw-request at nfbnet.org <blindlaw-request at nfbnet.org>
> Subject: blindlaw Digest, Vol 108, Issue 9
> To: blindlaw at nfbnet.org
> Date: Monday, May 13, 2013, 1:00 PM
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>    1. Need some case authority (Ross Doerr)
>    2. Accessibility of bar exams and bar review courses (Elizabeth 
> Rene)
>    3. Re: Accessibility of bar exams and bar review courses
>       (Angie Matney)
>    4. Re: Accessibility of bar exams and bar review courses
>       (Angie Matney)
>    5. Re: Accessibility of bar exams and bar review courses (Bill 
> Spiry)
>    6. Re: Accessibility of bar exams and bar review courses
>       (Aser Tolentino)
>    7. First legal internship: suggestions needed (Rahul Bajaj)
>    8. Re: First legal internship: suggestions needed (Nicholas 
> Parsons)
>    9. Re: First legal internship: suggestions needed (Deepa Goraya) 
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