[Nfbc-info] social networking website resolution

[Tim Elder]

I agree with you Brian.  And the intent of a facebook suit would also be to
bridge the gap.  However, Target, was a cutting edge decision that barely
made it through by the skin of its teeth.  The judge narrowly held that only
those web-based services that have some connection to the physical store are
covered by the ADA.  Without this nexus, a judge would have to go out on a
serious limb, against standing law to re-interpret the language of the ADA
to include websites.  Bottom line, a facebook suit is possible, but we would
be seriously pushing our luck.  A suit against facebook could be so
radically distinguishable from Target that it would go against us.  A bad
decision in a facebook case might prevent us from nudging the Target logic
to the next baby step.  Say, applying the ADA to all web-based services that
are even related to a physical location.  A suit against facebook would skip
this step and might slam the door on pushing the Target logic forward a bit.


My last post was focusing on the potential success of a facebook suit, given
no physical location whatsoever and high probability of user error.  We
really need a federal amendment to the ADA or at least some regs/guidelines
that incorporate websites into the ADA on some level.  I would love to see a
requirement that websites with a certain traffic amount or sales volume be
required to comply with the ADA.  What a Washington Seminar issue that would
be for next year...  

Regards,
Tim      

-----Original Message-----
From: nfbc-info-bounces at nfbnet.org [mailto:nfbc-info-bounces at nfbnet.org] On
Behalf Of Brian Miller
Sent: Friday, December 05, 2008 3:03 AM
To: 'NFB of California List'
Subject: Re: [Nfbc-info] social networking website resolution

Hi Tim,

I think part of the intent of the Target lawsuit was to try and establish
the principle of online sites as facilities equivalent to brick and mortar
stores, therefore being covered under the ADA, addressing the point you
succinctly make below.


-----Original Message-----
From: nfbc-info-bounces at nfbnet.org [mailto:nfbc-info-bounces at nfbnet.org] On
Behalf Of Tim Elder
Sent: Friday, December 05, 2008 12:06 AM
To: 'NFB of California List'
Subject: Re: [Nfbc-info] social networking website resolution

Unlike Target.com, there is no Brick and Mortar physical Facebook store to
link a law suit to facebook.  The Target suit was only successful because
they  have physical stores which are in fact covered by the ADA.  Without
physical stores overlapping the web-based services, there isn't much good
law to base a suit upon.  So far, the reach of the ADA to web-only services
is extremely limited.

That being said, updating to the latest version of your browser (Internet
Explorer 7, Firefox etc.)and the Flash player plug-in version 10 makes a big
difference in accessibility of facebook.  Also, Jim Barber mentioned on
another list that m.facebook.com is another good alternative way to access
facebook.

I did have one question for the list though:  For those using facebook with
some success, I am wondering if the chat function is accessible.  As far as
I can tell, the chat function isn't usable, even though I can access most
other functions.  Jim?

Tim


-----Original Message-----
From: nfbc-info-bounces at nfbnet.org [mailto:nfbc-info-bounces at nfbnet.org] On
Behalf Of Lisamaria Martinez, NOMC
Sent: Thursday, December 04, 2008 6:32 PM
To: NFB of California List
Subject: [Nfbc-info] social networking website resolution

Hi,

I was wondering what we've done about the social networking website
resolution.

I have desperately tried to learn the layout of the new FaceBook, but I
swear the page is refreshing. Plus, certain aspects of the page just don't
read well with JAWS. for instance, JAWS will say, "---- has accepted your
friend request." I have no idea who may have accepted my friend request
because JAWS doesn't read it. But something is there.

It is getting to be quite frustrating especially since many groups,
organizations, etc. are on FaceBook. My high school class reunion is
starting to organize on FaceBook and I can't access everything.

If we sued Target, why aren't we suing FaceBook?

LM
_______________________________________________
Nfbc-info mailing list
Nfbc-info at nfbnet.org
http://www.nfbnet.org/mailman/listinfo/nfbc-info_nfbnet.org
To unsubscribe, change your list options or get your account info for
Nfbc-info:
http://www.nfbnet.org/mailman/options/nfbc-info_nfbnet.org/tim%40timeldermus
ic.com

Internal Virus Database is out of date.
Checked by AVG - http://www.avg.com
Version: 8.0.175 / Virus Database: 270.9.10/1810 - Release Date: 11/24/2008
2:36 PM


_______________________________________________
Nfbc-info mailing list
Nfbc-info at nfbnet.org
http://www.nfbnet.org/mailman/listinfo/nfbc-info_nfbnet.org
To unsubscribe, change your list options or get your account info for
Nfbc-info:
http://www.nfbnet.org/mailman/options/nfbc-info_nfbnet.org/brian-r-miller%40
uiowa.edu


_______________________________________________
Nfbc-info mailing list
Nfbc-info at nfbnet.org
http://www.nfbnet.org/mailman/listinfo/nfbc-info_nfbnet.org
To unsubscribe, change your list options or get your account info for
Nfbc-info:
http://www.nfbnet.org/mailman/options/nfbc-info_nfbnet.org/tim%40timeldermus
ic.com

Internal Virus Database is out of date.
Checked by AVG - http://www.avg.com
Version: 8.0.175 / Virus Database: 270.9.10/1810 - Release Date: 11/24/2008
2:36 PM