[nfbwatlk] [Wcb-l] Fwd: No more excuses: ADA alreday covers websites (andSection 504 too)

Mon Jun 29 02:11:53 UTC 2015

I obviously think that cyberspace is a place of public accommodation covered
under Title III of ADA. However, I confess to being dubious that if someone
were to take a judgment based upon this premise all the way to the Supreme
Court, the premise would be upheld.

Mike

-----Original Message-----
From: nfbwatlk [mailto:nfbwatlk-bounces at nfbnet.org] On Behalf Of Mary ellen
via nfbwatlk
Sent: Sunday, June 28, 2015 8:56 AM
To: 'NFB of Washington Talk Mailing List'
Cc: Mary ellen
Subject: Re: [nfbwatlk] [Wcb-l] Fwd: No more excuses: ADA alreday covers
websites (andSection 504 too)

Thanks for that information.  This is the same issue we've litigated over
and over again.  Web sites are part of the ADA.  I would hope that the deaf
community would support us in our access battles.  I don't expect them to do
more than cheer us on, since they have no knowledge of our issues and I
wouldn't want them trying to tell others how to deal with us.  I feel the
same about our support of them.  We can help because we've helped create
precedents that clearly state the web is covered by ADA.  Perhaps we can
even file amicus briefs if asked.  

The blind and the deaf often ask for things that seem contradictory.  They
want more visual information and we want more audio and tactile information.
In the end, of course, we all want access to information provided in useful
ways.

Stand in support of deaf people?  It's a natural, provided they lead the
way.  Will they stand with us?  I suppose that in a moral sense it doesn't
matter.  There's no moral ambiguity about captioning videos; it's simply the
right thing to do.

-----Original Message-----
From: nfbwatlk [mailto:nfbwatlk-bounces at nfbnet.org] On Behalf Of Debby
Phillips via nfbwatlk
Sent: Saturday, June 27, 2015 6:23 PM
To: nfbwatlk at nfbnet.org
Cc: Debby Phillips
Subject: [nfbwatlk] [Wcb-l] Fwd: No more excuses: ADA alreday covers
websites (andSection 504 too)

What's that old saying about, They came for the Communists, but I didn't
speak up, because I wasn't one.  They came for....  Well, if we don't speak
out about this whether it affects us or not, are we not allowing another
disability group to be discriminated against? The question I have is this
though: would they stand up 
with us if a website is not accessible for us?    Debby

 ---- Original Message ------
From: Marlaina Lieberg <1guidedog at gmail.com
Subject: [Wcb-l] Fwd: No more excuses: ADA alreday covers websites
(andSection 504 too) Date sent: Fri, 26 Jun 2015 10:08:29 -0700

Marlaina and guide dog, Nisha
1guidedog at gmail.com

Begin forwarded message:

From: Lainey Feingold <LF at LFLegal.com
Subject: No more excuses: ADA alreday covers websites (and Section 504 too)
Date: June 25, 2015 at 6:11:52 PM PDT
To: Lainey Feingold <LF at LFLEGAL.COM

Colleagues:

Today the U.S.  Department of Justice filed "Statements of Interest" in
cases against Harvard and MIT filed by the National Association of the Deaf.
The lawsuits allege that the universities failed to caption online video
content and that the failure violated the ADA and Section 504 of the
Rehabilitiation Act.  The DOJ documents support NAD's position.

The universities argued that the court should throw the cases out of court
because the ADA and 504 don't cover websites.  The schools also argued that
the court should wait for the Title III web regulations.  The DOJ couldn't
have written a stronger brief (one in each case).  The ADA already covers
websites.  There is no need to wait for regulations.

This is not the first time the DOJ has reminded us all that the ADA already
covers websites, just the most recent.  For other DOJ activity, see the
digital access legal update I wrote in March
at: http://lflegal.com/2015/03/legal-update-csun15/
<http://lflegal.com/2015/03/legal-update-csun15/>.  Another update coming
soon.

Here are the links to today's legal filings:

DOJ Statement of Interest in MIT case: http://1.usa.gov/1BFdCqs
<http://1.usa.gov/1BFdCqs

DOJ Statement of Interest in Harvard case: 
http://1.usa.gov/1J8Edfl <http://1.usa.gov/1J8Edfl

Happy reading,  Lainey

Lainey Feingold
Law Office of Lainey Feingold
http://lflegal.com/ <http://lflegal.com/
510.548.5062
LF at LFLegal.com <mailto:LF at LFLegal.com
Twitter: http://twitter.com/LFLegal <http://twitter.com/LFLegal

The information contained in this e-mail message may be privileged,
confidential and protected from disclosure.  If you are not the intended
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