Re: AOL against ADA?

[Kelly Pierce <kelly@ripco.com>]

title III states a public accommodation fits into one of 10 specific
categories.  An online service might not be covered per se but electronic
commerce might be.  cynthia pointed out the importance of how issues of
"effective communication" might be considered.  If someone can conduct the
e-commerce transactions through the web site of the retailer instead of
aol, might that be considered effective communication?  

Also, John the operative word in your e-mail was "help."  You didn't say
that the software was required to complete the e-commerce transaction.
the software merely aided the transaction.  If someone can still make the
transaction and the software is not necessary to conduct the transaction,
then we are left working to advance legal theories about the accuracy of
messages, and effectiveness for the end user.  Effectiveness in cyberspace
has yet to be clearly defined as compared to prevention of access.

kelly 




On Thu, 10 Feb 2000, John Nissen wrote:

> The aol software is like a door that you have to be able to open in
> order to be able to get at their services.  As such I would have
> thought the ADA would apply - it is like the door into a shop 
> having to be wide enough to take a wheelchair - a reasonable
> accommodation.
> 
> Do I understand now that there are two different situations to
> fight - the one for accessibility of client-run software such as AOL's,
> and the one for accessibility of commercial sites?
> 
> I note that shopping sites often expect you to download software
> to help you access the services on their (commercial) sites.
> In this case both the software and the site content has to be
> accessible.  To take my previous analogy - both the door into the
> shop and the aisles inside the shop have to be wide enough.
> 
> Cheers,
> 
> John
> --
> In message <Pine.SV4.4.05.10002100641080.6176-100000@golden.ripco.com> 
> Kelly Pierce writes:
> 
> >John,
> >
> >One of the reasons why there is a delicate dance about the aol lawsuit is
> >that the ADA does not apply to manufactured goods.  This is why the ADA
> >cannot be applied to Microsoft's Windows operating system:  it is a
> >manufactured good (software) and is exempt from the ADA.  Another example
> >would be books.  Publishers such as McGraw-Hill, do not have to publish
> >books in an alternative format for the disabled to have access.  A clear
> >argument that can be advanced in the AOL lawsuit is that the aol software
> >is a manufactured good and as such is exempt from the ADA.  On the other
> >hand aol produces this "good" itself and has complete control over its
> >content and the good is necessary to use the service.  the issue of aol
> >software makes this case somewhat different from an action against a
> >commercial website.
> >
> >kelly 
> 
> -- 
> Access the word, access the world       Tel/fax +44 20 8742 3170/8715
> John Nissen                             Email to jn@tommy.demon.co.uk
> Cloudworld Ltd., Chiswick, London, UK   http://www.tommy.demon.co.uk
>