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Subject:
From:
Kelly Pierce <[log in to unmask]>
Reply To:
Kelly Pierce <[log in to unmask]>
Date:
Sun, 2 May 1999 18:52:15 -0500
Content-Type:
TEXT/PLAIN
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TEXT/PLAIN (246 lines)
this article discusses World Wide Web accessibility for public libraries.
if your library is not accessible electronically, ask them to become so.
If you are ignored or the library refuses, go after the rascals.

kelly

URL: http://www.librarylaw.com/ADAWebpage.html


    Reprinted from California Libraries  A publication of the California
   Library Association Vol. 9, No. 4 April 1999, pp 8-9


   Does Your Library's Web Page Violate the Americans with Disabilities
   Act?


                                                                     by
   Mary Minow, J.D., A.M.L.S.

   "When blind people use the Internet and come across unfriendly sites,
   we aren't surfing, we are crawling ... Imagine hearing pages that say,
   'Welcome to ... [image]' This is the home of ... [image].' 'Link,
   link, link.' It is like trying to use Netscape with your monitor off
   and your mouse unplugged. See how far you'll get."


             - blind user [using a text reader to interpret the
   Internet](1)

   The Issue

   As library patrons access your library through the Internet, new
   access issues arise. On the one hand, the Internet can make your
   library's resources more accessible to some patrons with disabilities,
   especially homebound patrons. On the other hand, ineffective web page
   design can shut some patrons out, particularly patrons with visual
   impairments. For example, without special coding, a text browser will
   only display the word "image" when it reads a graphic image. If the
   graphic is essential to navigating the site, the user can go nowhere
   fast.

   The Law

   The Americans with Disabilities Act was enacted in 1990. Public
   libraries are covered under Title II and private libraries are covered
   under Title III. 42 U.S.C. Section 12101 et seq.

   The ADA prohibits discrimination against persons with disabilities,
   and provides a private cause of action to patrons to enforce its
   provisions.

   Section 12132 states that "no qualified individual with a disability
   shall, by reason of such disability, be excluded from participation in
   or be denied the benefits of the services, programs, or activities of
   a public entity." Section 12131 (1) (A) and (B) defines a public
   entity as any state or local government, or any department or agency,
   special-purpose district, or other instrumentality of a state or
   states or local government.

   A recent complaint was filed by a visually impaired public transit
   customer, claiming that the San Francisco Metropolitan Transportation
   Commission website violates the ADA as it is inaccessible to his
   screen reader, which translates text from the website.(2) A complaint
   against San Francisco alleged that city kiosks were inaccessible to
   people who are blind or deaf. The city and its vendor is now working
   to resolve the problem.(3)

   In a policy ruling dated 9/9/96, 10 NDLR 240, the Department of
   Justice stated that state, local governments and the business sector
   must provide effective communication whenever they communicate through
   the Internet. The effective communication rule would apply to
   libraries using the Internet for communication regarding their
   programs and services.

   Further, the Office of Civil Rights, U.S. Department of Education,
   surveyed all California community colleges and libraries to address
   technology issues for people with disabilities. In their
   groundbreaking finding of January 1998, OCR directed that college
   systems ensure that their campus (and library) web pages be
   accessible. At the California Association for Seconday Education on
   Disability Conference in October 1998, the Chancellor passed out
   copies of the letters and his responses directing this effort.(4)

   Toward a Solution: Universal Design Principles

   When building a library out of bricks and mortar, to meet the
   accessibility guidelines dictated by law, it's best to use universal
   design principles. The guiding principle behind universal design is
   the assurance that a building is usable equably by all people. More
   often than not, well-thought out design not only opens a building to
   people with disabilities, but also makes its use more convenient for
   others as well. For example, ramps and elevators are used by patrons
   in wheelchairs, are also appreciated by others, such as parents with
   strollers.

   Similarly, universal design principles in web page design can be
   useful to a variety of patrons. Patrons who wish to display images can
   choose to do so, while those with slow modems may choose not to
   display them, if alternative text is provided.

   The World Wide Web Consortium (W3C), a private standard-setting body
   released a draft set of Unified Web Site Accessibility Guidelines. Of
   primary importance in the guidelines are the use of alternative tags
   to provide descriptions of images, concern for color contrasts,
   avoidance of tables, and a simple separation between hyperlinks to
   allow screen readers to understand them.

   The City of San Jose, a national and international model for
   accessible web page design posts its accessibility guidelines. Its ten
   minimum requirements for web accessibility are summarized here:

   1. Provide an Access Instruction Page for Visitors (includes email
   hyperlink for visitors to communicate problems with web page
   accessibility)

   2. Provide support for text browsers or have an alternative text page
   displaying the same information.

   3. Provide a second version of any document in Portable Document
   Format (PDF). Use an accessible format such as ASCII or text HTML.
   Include the word "PDF" in the hyperlink description to any PDF
   document.

   4. Attach "ALT" tags to graphic images so that screen readers can
   identify the graphic.

   5. Provide a "D" hyperlink to a description of a photograph that
   contributes to the content of a page.

   6. Caption all audio and video clips by using "CC" hyperlinks.

   7. Provide descriptive words in any link text. Do not use words like
   "this" or "click" alone.

   8. Provide an alternative mechanism for online forms, such as a phone
   number or email address.

   9. Provide an Alternate Document Format Notice (To obtain this
   information in an accessible format, please call XXX voice or XXX TTY)
   if users are required to download software not accessible by a screen
   reader.

   10. Avoid the use of frames and tables which cannot be read
   intelligently by screen readers. If tables are used, post an
   Alternative Document Format Notice.(5)

   Other Electronic Resources

   A California library that provides access to electronic resources
   beyond the Internet must also ensure that it does not discriminate in
   providing access to individuals with disabilities. This includes not
   only physical access to terminals, but also an obligation to provide
   effective communication of the electronic resources therein.

   Resources

   Bobby, a web-based service that analyzes the accessibility of a web
   page http://www.cast.org/bobby/

   Leslie M. Campbell and Cynthia D. Waddell, "Electronic Curbcuts: How
   to Build an Accessible Web Site" available at
   http://www.prodworks.com/ilf/ecc.htm

   Cannon, Robert, "Does Your Web Page Violate the American Disabilities
   Act?" available at http://www.best.com/~tstms/webada.html and at
   http://adlaw.ljx.com/legislation/does_web_page_violate_ada.html

   City of San Jose World Wide Web Page Disability Access Design
   Standards http://www.ci.san-jose.ca.us/oaacc/disacces.html

   "Is Your Site ADA-Compliant? . . . or a Lawsuit-in-Waiting?" Internet
   Lawyer 11/98 available at http://www.internetlawyer.com/ada.htm

   State of California. Accessible Web Design. Useful page of links to
   diagnostics and guidelines. http://www.ca.gov/access/howtoweb.html

   Waddell, Cynthia "Applying the ADA to the Internet: a Web
   Accessibility Standard." available at
   http://www.isc.rit.edu/~easi/law/weblaw1.htm

   W3C Web Content Accessibility Guidelines (Draft)
   http://www.w3.org/TR/WD-WAI-PAGEAUTH/

   Lastly, be alerted that a major conference entitled "Understanding the
   Digital Economy" in May will feature Cynthia Waddell who has been
   commissioned to write a White Paper entitled, "The Growing Digital
   Divide in Access for People with Disabilities." The draft of the paper
   will be posted May 1 at
   http://www.ita.doc.gov/industry/otea/utde/index.html


   ____________________________________________

   Sidebar

   Getting Started: Two Ways to Check Your Library's Web Page
   Accessibility

   First Way: Turn off images in your browser.

   In Netscape, Edit/ Preferences/Advanced/ then uncheck the box that
   says "automatically load images." Note: If you have a dial-up
   connection, you will notice that pages load much faster.

   See if you can read and navigate your web page without the images.

   Second Way: Check Your Page by using the Bobby Website.

   1. Point your browser to http://www.cast.org/bobby/

   2. Fill in the blank with your library's URL and press Submit

   3. Bobby analyzes your web page's accessibility based on the working
   draft of the W3C's WAI Page Author guidelines and provides you with
   feedback, including suggested fixes.

   _________________________________________________________________

   1. Cynthia Waddell, "Applying the ADA to the Internet: a Web
   Accessibility Standard." written and presented on June 17, 1998 at the
   American Bar Association national conference. Available at
   http://www.isc.rit.edu/~easi/law/weblaw1.htm quoting NY Times
   Cybertimes, 12/1/96.

   2. S. Connolly, "Compliance with the Americans with Disabilities Act
   in Cyberspace," Cyberspace Lawyer, January 1999 p. 8.

   3. "Web focal to blind man's complaint," USA Today Tech Report
   01/26/99 available at
   http://www.usatoday.com/life/cyber/tech/ctd831.htm

   4. Interview with Cynthia Waddell, March 10, 1999.

   5. City of San Jose Disability Access Standards Page available at
   http://www.ci.san-jose.ca.us/oaacc/disacces.html


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