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  1. #1
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    US TV Show website has no accessible alternative: are they liable to legal action?

    Last edited by XLCowBoy; Sep 5, 2008 at 10:05. Reason: Change title

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    AFAIK, as the Law is now, only government sites must meet accessibility standards. Although I remember hearing about legal action against a merchandizing chain's website for lack of accessibility, I don't know how the case turned out. But I think they "voluntarily" complied.
    As for an "entertainment" site, I have no idea what a court would decide, but it seems they would want to be accessible for the sake of reaching as wide an audience as possible anyway.

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    Mittineague, if you're talking about the Target case it was recently settled out of court. Target agreed to pay $6 million in damages.

    I don't know US law, but it's quite possible that they are at risk for a lawsuit if a disabled person points out the shortcomings and they refuse to do a 'reasonable effort' to rectify the problems.
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    In memoriam gold trophysilver trophybronze trophy Dan Schulz's Avatar
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    Last I checked, Section 508 of the United States Rehabilitaiton Act only applied to public sites (government sites and those with government funding). Though of course, this is a very litigous society and we are quick to "sue sue sue SUE YOU!" over any slight, real or imagined.

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    Programming Since 1978 silver trophybronze trophy felgall's Avatar
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    Are there not other laws in the USA regarding discriminating against certain groups of people (such as those with disabilities)?
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    In memoriam gold trophysilver trophybronze trophy Dan Schulz's Avatar
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    Other than consumer protection and general accessibility laws? Not that I know of.

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    Then what was the Target lawsuit based upon? Are you saying that Target received federal funding and thus were bound by Section 508 of the ADA?
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    Quote Originally Posted by AutisticCuckoo View Post
    Then what was the Target lawsuit based upon? Are you saying that Target received federal funding and thus were bound by Section 508 of the ADA?
    This is what I was thinking as well.

    Otherwise, that would mean that if the lawsuit dragged on, Target would have actually won, since the case was baseless, but Target simply settled out of court for PR reasons (limited accessibility AND drying up a disabled person's funds would have been terrible PR).

  9. #9
    Programming Since 1978 silver trophybronze trophy felgall's Avatar
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    Don't they have any anti discrimination laws in the USA that apply more generally than just to Government?
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    In memoriam gold trophysilver trophybronze trophy Dan Schulz's Avatar
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    Not for Web sites, no.

  11. #11
    Programming Since 1978 silver trophybronze trophy felgall's Avatar
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    So the more general anti-discrimination laws in the USA were rewritten to explicitly exclude web sites. I wonder why they did that?
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    In memoriam gold trophysilver trophybronze trophy Dan Schulz's Avatar
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    No, the more general anti-discrimination laws were written before 1991 (more or less). As for why they haven't been updated to include Web sites, well if I were to tell you I'd have to infract myself for violating the no-politics rule.

  13. #13
    Programming Since 1978 silver trophybronze trophy felgall's Avatar
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    If they don't specifically exclude web sites (which they can't if they were written before such things existed) then there is at least a possibility that they are written in such a way that web sites would be included. It would depend on the exact wording of those laws.
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    I understand it tends to revolve around the term "public accommodation". A useful summary.


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