Unfortunately, the brief coverage of the issue in the EDUCAUSE news
release is prone to mislead the casual reader into believing that this
court decision has relevance for higher education in general. This may
be the case for private institutions, but I doubt that the decision has
any bearing on public universities. 
The issue in the Southwest Airlines case revolved around the
interpretation of "public space" or "place of public accommodation."
This concept is of little, if any, relevance to Title II. The crucial
component in Title II is a mandate for access to the services, programs
and activities of public institutions.
On my own campus, a public university, the EDUCAUSE release has already
resulted in people questioning our proposed new Online Accessibility
Policy. We better get ready and prepare an effective response to such
questioning.

By the by, the full text (in text-based PDF format) of the court's
reasoning is available at
http://caselaw.lp.findlaw.com/data2/circs/11th/0216163p.pdf. 

Greetings,

Axel

*******************
Axel Schmetzke
Library
University of Wisconsin-Stevens Point


-----Original Message-----
From: * EASI: Equal Access to Software & Information
[mailto:[log in to unmask]] On Behalf Of Prof Norm Coombs
Sent: Tuesday, September 28, 2004 9:45 AM
To: [log in to unmask]
Subject: Court lets Web sites off the ADA hook!

>Date: Tue, 28 Sep 2004 08:10:57 -0600
>From: Educause Educause <[log in to unmask]>
>Subject: Edupage, September 28, 2004
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>Edupage is a service of EDUCAUSE, a nonprofit association
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>TOP STORIES FOR TUESDAY, SEPTEMBER 28, 2004
>   Court Exempts Web Sites from ADA
>   Sun Program Supports Academic Networks
>   Virgin Group Makes the Jump to Online Music
>   Russia Added to Starter Edition Program
>
>
>COURT EXEMPTS WEB SITES FROM ADA
>The 11th Circuit Court of Appeals upheld a lower court's decision from
>October 2002 that Web publishers cannot be forced to comply with the
>1991 Americans with Disabilities Act (ADA). The ruling came in response
>to a suit by an advocacy group for the blind called Access Now and
>Rober Gumson, who is blind, seeking to force Southwest Airlines to
>redesign its Web site for easier access by the visually impaired. The
>ADA does not mention the Internet in mandating accessibility for public
>spaces. The federal three-judge panel acknowledged that a future case
>might reopen the question. Wrote Judge Stanley Marcus, "In declining to
>evaluate the merits of this case, we are in no way unmindful that the
>legal questions raised are significant."
>ZDNet, 27 September 2004
>http://news.zdnet.com/2100-9588_22-5384087.html
>
>SUN PROGRAM SUPPORTS ACADEMIC NETWORKS
>Sun Microsystems announced the Sun Technology and Academic Resources
>(STAR) program, which will offer equipment grants and training in Sun
>and related technologies to educational institutions. Sun will also set
>up centers to promote partnerships with universities and third parties,
>said company representatives. The program reportedly aims to help
>educational organizations trim the costs and simplify management of
>network systems. According to Sun, more than 1,350 institutions have
>benefited from existing aspects of the program in the past year.
>CNET, 27 September 2004
>http://news.com.com/2100-1012_3-5384140.html
>
>VIRGIN GROUP MAKES THE JUMP TO ONLINE MUSIC
>The Virgin Group has become the newest entrant in the market for online
>music with its Virgin Digital service, launched this week in the United
>States. Despite entering a market that already includes big-name
>players such as Apple's iTunes, Rhapsody, Napster, and the recently
>unveiled music service from Microsoft, Zack Zalon, president of Virgin
>Digital, said the company does not consider the market crowded. Zalon
>noted there remains tremendous opportunity for growth and said that
>Virgin is interested in long-term success in digital music. Jupiter
>Research supports Zalon's estimate of the future potential for the
>market, which it predicts will reach $1.7 billion in 2009, up from $100
>million in 2003. The Virgin Digital service will offer per-song
>downloads, a monthly subscription service, and streaming radio, with
>support for close to 50 portable music devices.
>Reuters, 27 September 2004
>http://www.reuters.com/newsArticle.jhtml?storyID=6340728
>
>RUSSIA ADDED TO STARTER EDITION PROGRAM
>Microsoft has announced that by the end of the year, it will release
>its Windows XP Starter Edition in the Russian market. Windows XP
>Starter Edition is an inexpensive, slimmed-down version of the
>company's operating system. Microsoft is working to build support for
>its products in developing markets, including countries such as Russia,
>Brazil, India, and China, and to be more competitive with products from
>Linux. Starter Edition is not available to individual consumers.
>Computer makers using Starter Edition can buy the operating system for
>about $36, compared to $70 for Windows XP. The Starter Edition program
>is also designed to discourage software piracy. Some estimates suggest
>that as much as 97 percent of all software in Russia is pirated.
>Because updates and patches are available to buyers of the Starter
>Edition, Microsoft hopes that more consumers will opt for PCs that come
>with support for the operating system rather than unsupported, pirated
>software.
>CNET, 27 September 2004
>http://news.com.com/2100-1016_3-5381547.html
>
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----------------------------------------
EASI Online Courses for October
Train the Trainer:
  http://easi.cc/workshops/train.htm
Designing Accessible Course Content Using Familiar Software:
http://easi.cc/workshops/dacc.htm
*** A package of 5 courses earns the Certificate in Accessible IT


Norman Coombs, Ph.D.
CEO EASI (Equal Access to Software and Information)
22196 Caminito Tasquillo
Laguna Hills CA 92653
Home: (949)  855-4852
Cell: (949) 922-5992
E-mail: [log in to unmask]
Web: www.rit.edu/~nrcgsh