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Subject:
From:
Peter Altschul <[log in to unmask]>
Reply To:
Peter Altschul <[log in to unmask]>
Date:
Sat, 12 Jul 2003 01:56:09 -0400
Content-Type:
text/plain
Parts/Attachments:
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>From: Robert Schoenfeld <[log in to unmask]>
>
>   From NCD on commercial web pages
>
>Bob
>
>-------- Original Message --------
>Subject: National Council on Disability Says Americans with Disabilities
>Act Applies to Commercial and Other Private Web Sites
>Date: Thu, 10 Jul 2003 13:32:22 -0400
>From: "Mark Quigley" <[log in to unmask]>
>To: <[log in to unmask]>
>
>
>
>NEWS RELEASE            NCD #03-418
>                 July 10, 2003
>                 Contact: Mark S. Quigley
>                 202-272-2004
>                 202-272-2074 TTY
>
>National Council on Disability Says Americans with Disabilities Act
>Applies to Commercial and Other Private Web Sites
>
>July 26, 2003, is the 13th Anniversary of the ADA
>
>WASHINGTON-The National Council on Disability today released a policy
>paper (available later today at
>http://www.ncd.gov/newsroom/publications/adainternet.html) that analyzes
>and answers the critical question: Does the Americans with Disabilities
>Act (ADA) apply to commercial and other private sector Web sites, and if
>so, what does it require?
>
>Much discussion of this question seems to be conducted without careful
>attention to the case law and other authorities that have already built-up
>around this question. Beginning with a brief discussion of the role
>electronic communication has come to play in our lives, the paper then
>goes on to the placement of the ADA in the context of current technology
>and of computer usage in our country. Though many people are familiar with
>the term "digital divide," the paper suggests that we should be focusing
>on the opportunities offered by the "digital future."
>
>NCD analyzed all the legal background to the ADA and Internet access
>issue, pointing out authorities and scholarship on both sides of the
>question, and identifying as carefully and precisely as possible what
>these authorities actually do and do not say.
>
>Through this process, the narrow legal issues, bearing mostly upon the
>definition of the word "place" in Title III of the ADA, are brought into
>clear focus. The paper also analyzes the meaning and application of this
>term, in light of the ADA's legislative history, its plain meaning, and
>court decisions applying this term in nontechnology-based settings.
>
>Many authorities, including those that are opposed to the view that the
>ADA should apply to e-commerce, are cited and discussed. But based on all
>the authorities, the paper reaches the conclusion that the law does
>clearly contemplate the coverage of the Internet by Title III of the ADA.
>Finally, the paper explains the practical and economic arguments that
>should guide those who may be called upon to apply the law, suggesting
>strategies by which the accessibility principle can be broadly implemented
>without disruption and with benefit to consumers and business alike.
>
>NCD is an independent federal agency making recommendations to the
>President and Congress on disability policy. NCD first proposed and then
>drafted the original Americans with Disabilities Act.
>
>For more information, contact Mark Quigley at 202-272-2004.
>
># # #
>
>
>
>
>
>[Non-text portions of this message have been removed]
>
>
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