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Blind User Sues Southwest Over Web Site, Cites ADA

scubacuda writes "According to Law.com, Robert Gumson, a blind man who uses a program that converts website content into speech, is suing Southwest Airlines (with the help of Miami Beach, FL-based Access Now) for its website being incompatible with his screen-reader program. The case has been filed under the Americans with Disabilities Act under the untested legal theory that ADA provisions on the accessibility of public accommodations to the disabled apply to Internet Web sites just as they do to brick-and-mortar facilities like movie theaters and department stores. There have been previous lawsuits alleging that the ADA applies to the Internet, but all have settled without a ruling on the merits: 1999 the National Federation of the Blind sued AOL alleging its service was inaccessible to blind users (AOL agreed to make its sites compatible with screen reader technology); over the past two years, Access Now has sued Barnes & Noble and Claire's Stores for maintaining Web sites that allegedly violated the ADA (both settled)."

414 of 990 comments (clear)

  1. i have a question by inteller · · Score: 4, Funny

    what if I write a website that shows one thing, but spits out text telling the blind person something else. Namely, what if I setup blindpeoplehelp.com and it have pictures of chicks with dicks? can't wait to see the blind person in the library with this one.

    1. Re:i have a question by Isofarro · · Score: 2
      what if I write a website that shows one thing, but spits out text telling the blind person something else.


      That is essentially what accessibility is - offering textual alternatives to non-textual representations. This makes the content more accessible in a larger range of situations.
    2. Re:i have a question by Alsee · · Score: 2

      That is essentially what accessibility is - offering textual alternatives to non-textual representations

      I think you missed his point which was that when you have multiple representations there is no guarantee that they are actually equivalent. They could be completely different.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    3. Re:i have a question by Hallow · · Score: 2

      This actually reminds me of the "seperate is not equal" supreme court ruling that integrated schools (Brown v. Board of Ed. if my memory serves). How can content that is different be equal, if schools that are differnt are not equal?

      Note, I'm all for accessibility wherever possible, why anyone would want to exclude people who might want to pay them money, especially when it's not that difficult to avoid, is beyond me. I'm also all for non-segregated schools. I'm just playing devil's advocate here.

  2. Legal wrangling by Raul654 · · Score: 5, Interesting

    Ok, tell me this - where do you draw the line between high traffic commercial websites, and (for instance), mine?

    --


    To make laws that man cannot, and will not obey, serves to bring all law into contempt.
    --E.C. Stanton
    1. Re:Legal wrangling by procrustes · · Score: 5, Funny

      Presumably, the same way you tell the difference between high traffic commercial buildings and (for instance), my house.

    2. Re:Legal wrangling by BlueGecko · · Score: 2, Insightful

      Q: Ok, tell me this - where do you draw the line between high traffic commercial websites, and (for instance), mine?

      A: Wherever the lawyers with the most money decide the line looks best.

    3. Re:Legal wrangling by Ron+Bennett · · Score: 5, Insightful

      "where do you draw the line between high traffic commercial websites, and (for instance), mine?"

      There basically is no threshold for size if the court simply rules the ADA applies as it does in the physical realm. Virtually all commercial businesses (including non-profits) with a physical presence must follow the ADA.

      If the court says the ADA applies to websites...*unless* the court stipulates traffic parameters, revenues, etc...every commercial website would then have to be ADA accessible, and worse could be just as easily sued for ADA violations as businesses with physical facilities already are now!

      In short if the court rules that ADA applies to websites, unless the court is very specific to how it applies, all commercial websites regardless of size would be subject to the ruling...ouch!!! Talk about a legal nightmare!!

      Ron Bennett

    4. Re:Legal wrangling by Moonshadow · · Score: 2
      Ok, tell me this - where do you draw the line between high traffic commercial websites, and (for instance), mine?

      Good point. I'm going to go gouge my eyes now out so I can sue you and make millions :)

    5. Re:Legal wrangling by Squareball · · Score: 2

      eeek, can't believe i'm about to say this, but Rush Limbaugh was right about the ADA. He said that these absurd things would happen, and well,they are.

    6. Re:Legal wrangling by quinto2000 · · Score: 2

      I think you're completely wrong. The ADA does not apply to every company equally. It has to do with the number of employees.

      --
      Ceci n'est pas un post
    7. Re:Legal wrangling by woogieoogieboogie · · Score: 2, Funny
      "However, putting braille on the wall to display a list of the movies has been a waste of money. No one uses it."

      No shit.

      --
      ... Governments are instituted among Men, deriving their just Powers from the Consent of the Governed...
    8. Re:Legal wrangling by Waffle+Iron · · Score: 5, Informative
      In short if the court rules that ADA applies to websites, unless the court is very specific to how it applies, all commercial websites regardless of size would be subject to the ruling...ouch!!!

      That would suit me fine. Those features on a website that are most likely to break screen readers tend to be the exact same features that are the most annoying, unnecessary and browser incompatible.

    9. Re:Legal wrangling by evilviper · · Score: 2

      If this means website designers who do whole sites in flash and JS will be out of business, I'm all for it.

      Maybe we should estabilsh a LGA... Linux geeks of America... So no one can publish any software if it doesn't have a free Linux counterpart... That's the way to do it... Sue 'em all.

      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    10. Re:Legal wrangling by dbrutus · · Score: 2

      If you comply with W3C standards, you're going to be ADA compliant (AFAIK, IANAL). Most pages are already compliant because they (more or less) follow the standards.

    11. Re:Legal wrangling by standards · · Score: 2

      Yay! It's about time. I've been in dicussions with my boss about such accessibility issues for months. He's all for making it happen, but refuses to allocate anyone to actually do it. I estimate it'll cost about three days of time for one person to make our site very accessible.

      What's the big deal?

      Instead we are:
      - alientaing a community
      - losing sales to a community (although small)
      - letting crap HTML out the door ... all for 3 days of effort. We're a very small company, but let me tell you, 3 days of effort is still almost nothing.

      One problem is the graphic designer. He loves totally pretty, graphically-intense shit. Makes it all unusable over a dial-up. Makes it hard for ME to navigate. But it -looks- good, so everyone assumes that it IS good.

    12. Re:Legal wrangling by N3WBI3 · · Score: 2
      Yea and while we are at it I think they should have to use colors that colorblind people can distinguish, and large latters ooo gotta have lage letters (none of this crap with small letters in picutre captions).

      How else can we possibly tell someone else how to run their buisness...

      I mean its not like we can use our $$ to invoke change (start a campaign, and a boycott of the airline) no no we need to tie up the legal system because someones felling are hurt.

      Law suits liek this are pathetic..

      --
    13. Re:Legal wrangling by Isofarro · · Score: 3, Informative
      If you comply with W3C standards, you're going to be ADA compliant (AFAIK, IANAL). Most pages are already compliant because they (more or less) follow the standards.


      No, following W3 standards does not guarantee ADA compliance. It is still very possible to use valid HTML and having an end result of tag-soup. Yeah, alt attributes are mandatory as part of the html spec - that's an accessibility plus, but things like table summaries, cell identifiers and headers, skip to content links are not part of the mandatory HTML recommendation.

      On the whole, you have a _much_ better chance of meeting ADA compliance with a standards compatible website. W3 compliance is only a milestone along the journey of accessible websites.
    14. Re:Legal wrangling by jonadab · · Score: 2

      > Yea and while we are at it I think they should have to use
      > colors that colorblind people can distinguish,

      People (like me) who don't like the colours most sites use can
      just disable page colours. (For me, the problem is not color
      blindness but an inability to tollerate the blinding white page
      background most of the web uses -- but the result is the same; I
      have to disable page colours most of the time.) As long as the
      site does not in some way rely on having its garish colours
      enforced, there's no accessibility problem.

      > and large latters ooo gotta have lage letters

      Just crank up your default and minimum font sizes. As long
      as the site does not in some way rely on having its specified
      font sizes obeyed, there's no accessibility problem.

      > (none of this crap with small letters in picutre captions).

      Okay, text rendered as graphics _are_ annoying, especially when
      they use non-alpha-channel antialiasing in conjunction with
      one-bit non-alpha-channel transparency (as in, transparent GIFs
      antialiased to a certain background colour). Still, using alt
      text (which has been recommended since 1994 and is _required_
      in all remotely recent HTML versions) should fulfill the
      accessibility requirement for the blind.

      --
      Cut that out, or I will ship you to Norilsk in a box.
    15. Re:Legal wrangling by ChaosDiscord · · Score: 2
      That would suit me fine. Those features on a website that are most likely to break screen readers tend to be the exact same features that are the most annoying, unnecessary and browser incompatible.

      Damn straight! I sometimes use Lynx (a text only, console browser) for a quick browser. Any ADA compliant site will work great with Lynx and other alternative browsers (like maybe the one in your phone), giving everyone more options. A win for everyone!

      It's very similar to the benefits everyone enjoys from the ADA. Wide hallways and wheelchair ramps make moving furniture easier. Big, easy to grab handles make it easy to elbow open a door when both hands are full of groceries.

    16. Re:Legal wrangling by zoombat · · Score: 2

      That would suit me fine. Those features on a website that are most likely to break screen readers tend to be the exact same features that are the most annoying, unnecessary and browser incompatible.

      Interesting... one of the ADA things that people often talk about are "curb cuts" - changing a street curb to a ramp for wheelchairs and the like.. many people originally thought it was a huge waste of money because it cost so much and only served a small portion of the population. Now, parents routinely get pissed off when they are pushing a stroller and come across a curb instead of a ramp.

  3. I think the answer is easy by acoustix · · Score: 5, Insightful

    If the company doesn't cater to your needs then they don't need your business.

    Too many people think suing is the answer to everything.

    This would be like me walking into Target (or any other store) and suing them because they don't sell XL-Tall shirts that will fit me.

    --
    "A plan fiendishly clever in its intricacies"- Homer Simpson
    1. Re:I think the answer is easy by CTho9305 · · Score: 5, Insightful

      I think the reason for the ADA is that there are NOT enough disabled Americans to have any measurable effect if they don't support specific companies.

      I do agree with you remark about Target.

    2. Re:I think the answer is easy by captainstupid · · Score: 5, Insightful

      If only it were that simple.

      Just because you're XL-Tall doesn't mean you're disabled. You can still get in the store, find your way around, and purchase things at the cash register. You might not be able to find a shirt that fits you, but at least you can *find* shirts.

      This guy is suing because they won't let him in the store (effectively). It's like he's walking to the front door and somebody says to him, "I'm sorry sir, but you can't come in the store."

      Granted, this guy might be money-hungry. However, previous cases show that the companies that were sued (AOL in particular) settle by making their site accessbile to screen readers. In all likely hood, that is all this guy wants. That's all any blind person wants.

      They just want in the store.

      Who are you to compare their blindness to your big and tallness?

      --
      "Anyway, long story short... is a phrase whose origins are complicated and rambling...." - Abraham Simpson
    3. Re:I think the answer is easy by Ghoser777 · · Score: 4, Insightful

      Well no, it would more like having all the products in the store on a seven foot high shelf, so only seven footers can reach the items.

      But wait, that business would go out of business real quick because a large number of people are under seven feet tall. The difference with the blind is that they make up a smaller segment of the population, and so an inaccessible business won't be effected by a small backlash from a minority group. Majority groups are always insulated from these issues, but minority groups rarely are.

      I agree that suing probably isn't the answer. Instead, whatever documents that enable a business to operate should be temporarially suspended until that business comes into alignment with federal law.

      F-bacher

      --
      James Tiberius Kirk: "Spock, the women on your planet are logical. No other planet in the galaxy can make that claim."
    4. Re:I think the answer is easy by Cubeman · · Score: 2, Interesting

      No he's not being denied access. It's more as if you were allowed into Target, but were physically unable to spend money, or something. He can have someone else read him the page too, I'm sure there's someone around him who can see. When there is a blind person who really has no way to obtain the content, then it's worth suing.

    5. Re:I think the answer is easy by schon · · Score: 2

      No he's not being denied access.

      Yes, he is being denied access. He can't access the site because the site doesn't work with his screen reader software.

      It's more as if you were allowed into Target, but were physically unable to spend money, or something.

      And this isn't discrimination because????

    6. Re:I think the answer is easy by Jotham · · Score: 5, Funny

      Southwest needs to offer a special service especially for blind people that caters to this demand by dealing with everything audibly and removing the need for visuals all together... ideally this system would not only deliver infomation via voice but also accept vocal requests and queries.

      I believe some other companies have experimented with similiar systems, which they've dubbed 'call centres'.

    7. Re:I think the answer is easy by KilobyteKnight · · Score: 2

      Let's see...

      What if Southwest ALSO offered a third service where you could get your tickets by traversing an obstacle course. Does that mean fat lazy people like me could sue?

      --
      When will Windows be ready for the desktop?
    8. Re:I think the answer is easy by Blkdeath · · Score: 2
      No, it would be like you not being able to walk into Target because you can't fit through the door.
      So where's the reasonable effort come into play? If a person is, say, 7'6" tall (not altogether uncommon - look at basketball players, or even people too tall to play) or 500lbs and can't fit through our store's door (an old building, the door is only something like 78" tall by about 28" wide) - can they sue us, or would it be more reasonable that they drive to our competition who may or may not have larger doors?

      Am I personally responsible for the size of a person? Moreover, are we to describe each product on the shelf to a blind person? Do we require an employee who can sign for the deaf? (Would writing on paper suffice?) Since we're in an officially bi-lingual nation, we should already have a francophone on the staff - what if we can't find a francophone who's at all useful in the computer sales/service industry?

      Essentially, if we grow to beyond a certain size, we would find ourselves facing legislated growing pains. Our staff could potentially become so cumbersome, and carry so much potential for employees who could, potentially, cost rather than earn money for the company - why, to cater to 0.5% or less of our customer base?

      We have customers with Parkinsons, alzheimers, muscular dystrophy, and one or two who are (atleast partially) deaf. We do just fine, because they insist that we not give them special treatment. One very regular customer who requires an electric scooter for mobility would beat me senseless if I held the door for him, or did anything I wouldn't do for any of our perfectly healthy customers.

      So what we have are a small percentage of a very small percentage of people who've decided that the world should bend over backwards for them because something about them is deficient (sorry, I know we're not supposed to say that, but having a defecet in one of our human abilities is a fact, not an insult or a scorn).

      Fact: We're all different. We all have strengths and weaknesses. Some have physical and mental weaknesses, some have social, some require mobility assistance, some have to find other (non-vocal) methods of communication. If every company had to cater to the independant needs and desires of every type of difference/deficiency, capitalism would fall on its ears and our society would collapse.

      --
      BD Phone Home!

      Shameless plug. Like you weren't expecting it.

    9. Re:I think the answer is easy by cheezedawg · · Score: 5, Informative

      Granted, this guy might be money-hungry. However, previous cases show that the companies that were sued (AOL in particular) settle by making their site accessbile to screen readers. In all likely hood, that is all this guy wants. That's all any blind person wants.

      The ADA doesn't allow for any monetary damages. Under the ADA, you can only sue to force compliance.

      --
      "The defense of freedom requires the advance of freedom" - George W Bush
    10. Re:I think the answer is easy by Geekboy(Wizard) · · Score: 2

      Get a step ladder. To extend that analogy: the company prevents you from bringing in a step ladder.

      The text-to-speach converters for the blind are their step ladders. The company in this case is preventing you from bringing it in.

    11. Re:I think the answer is easy by YU+Nicks+NE+Way · · Score: 2

      Get a step ladder? That's what a screen reader is -- a step ladder for people who can't see text. In this case, the floor is slanted away from the shelves, though -- by using a non-textual representation of the contents of the screen (and by removing tab key based access and not providing ALT text for controls), the SW Airline site is actively preventing people who can't see their screens from using the site.

      Hey, guess what? It isn't hard to make your site accessible -- in fact, you have to avoid all of the basic tenets of site design to make your site inaccessible. You have to work at it. So why shouldn't Access sue the bastards who worked so hard to make their sites pretty, instead of legal?

    12. Re:I think the answer is easy by Blkdeath · · Score: 2
      I assume that this fellow doesn't have one of those scooters that can climb stairs. So he is using a federally-mandated ramp to access your store, a ramp that would not otherwise exist because it doesn't make economic sense to cater to 0.5% or less of your customer base.
      We're at sidewalk level, so there's no need for a ramp. In our previous location, however, we were two stories above ground with a choice of two steep staircases and no elevator. We weren't able to accomodate people who required scooters, so we lost their business. We did not, however, change locales just to accomodate scooters, we changed because we wanted more exposure, hence more business, meaning more money. People who use scooters are only one aspect of that - they're no more or less valuable to us than any other of our customers.
      --
      BD Phone Home!

      Shameless plug. Like you weren't expecting it.

    13. Re:I think the answer is easy by mc6809e · · Score: 2

      Yes, he is being denied access. He can't access the site because the site doesn't work with his screen reader software.

      If we accept your definition of "access", then downloading credit card information and refusing to display it means you haven't "accessed" it.

      Somehow I think most people would agree that getting information from another system and storing on your own means it has been accessed. What you do with it from there seems to be up to you.

      Maybe the screen reader software needs to be enhanced. Maybe he should complain to the maker of the software.

    14. Re:I think the answer is easy by aardvarkjoe · · Score: 2

      ...And the point is...

      That the whole analogy sucks.

      --

      How can we continue to believe in a just universe and freedom to eat crackers if we have no ale?
    15. Re:I think the answer is easy by thales · · Score: 2
      " I think the reason for the ADA is that there are NOT enough disabled Americans to have any measurable effect if they don't support specific companies."


      No that is the excuse for the ADA. The reason is to provide income for the lawyers that pushed the ADA through Congress.

      --
      Quemadmodum gladius neminem occidit, occidentis telum est
    16. Re:I think the answer is easy by letxa2000 · · Score: 2, Interesting
      Does it matter? Last I checked most of the U.S. population (i.e. more than 50%) still doesn't have Internet acccess. If it's no longer 50%, big deal--there is still a large portion of the population that can't access the net.

      Here you have a blind person that's taking legal action to obtain something that not everyone has anyway--blind or not.

      As soon as 100% of the population has access to the web AND a significant percentage of commerce is conducted via the web this might make sense. But while tens of millions of U.S. citizens don't have access to this medium and only a few percent (?) of the economy is based on the medium, this lawsuit is absurd.

    17. Re:I think the answer is easy by iCEBaLM · · Score: 2

      This guy is suing because they won't let him in the store (effectively). It's like he's walking to the front door and somebody says to him, "I'm sorry sir, but you can't come in the store."

      No, it's like he's blind and he's suing because he's unable to use a visual medium. I feel for blind people, I don't know what I would do if I lost my sight. But you're blind, you're not going to be able to use visual (WWW) media anymore!

      Who is this guy going to sue next? Kodak for not imprinting a speaker and a descriptive recording on every picture they develop so he can "see" it? Libraries because he's unable to read printed text books? Maybe he should sue the DMV because they won't let him drive!

      If he wants information about airline flights he can *pick up a phone and call*.

      -- iCEBaLM

    18. Re:I think the answer is easy by Dyolf+Knip · · Score: 3, Funny

      I still have to crank up IE every now and then because someone designed a webpage that Opera (and likely every other browser in existence) can't handle. Can I sue them too since they are not catering to my special needs and forcing me to utilize some other means that is cumbersome, time consuming, and comparatively dangerous? After all, "people who don't/can't use IE" is probably a demographic comparable in size to the "visually impaired who use readers" one.

      --
      Dyolf Knip
    19. Re:I think the answer is easy by canadian_right · · Score: 2
      All people are NOT created equal. This is obvious.

      The important thing is that all people are equal before the law. Being rich, or famous, or friends with the Mayor shouldn't give you any special privleges.

      The laws forcing people who have public facilities to provide access to the disabled fly in the face of ultra-liberatarian thought, but have certainly made life easier for a rather powerless segment of the population.

      --
      Anarchists never rule
    20. Re:I think the answer is easy by dbrutus · · Score: 2

      call centers are more expensive and therefore charge more money for the identical trip. I believe that they (SouthWest) are just using graphic links without alt tags. This is just stupid design that can be easily fixed. I'm not too fond of using the court system to enforce good judgment but SouthWest decided they'd rather go to court than increase their revenues by filling in their alt tags.

      That's just dumb.

    21. Re:I think the answer is easy by dvdeug · · Score: 5, Insightful

      No, it's like he's blind and he's suing because he's unable to use a visual medium. I feel for blind people, I don't know what I would do if I lost my sight. But you're blind, you're not going to be able to use visual (WWW) media anymore!

      The WWW is a digitial medium. It has large purely visual aspects, as well as auditory (surely you've been to a website and had music start playing.) But the base of the web is human language, and that can be equally communicated through auditory and visual means (in the case of the web, we do have a bias towards visual, as it's encoded as text, but text to speech has largely been solved.) The HTML is not and was not designed to be a visual layout language; it was designed to hold information.

    22. Re:I think the answer is easy by dbrutus · · Score: 2

      Actually, the true free market solution is for communications between customers and shareholders to be so easy that the shareholders would simply kick the idiotic manager in the tail for not just going back and filling in the freaking alt tags. The lawyer fees and bad pr from this is going to far exceed any cost of remediation whether or not Southwest airlines wins.

      This is a slap in the face for shareholders by a generally well run company.

    23. Re:I think the answer is easy by BlueUnderwear · · Score: 3, Insightful
      As far as making sites inaccessible (that term is incorrect due to the way the WWW works). since the majority of the linked images have alt attributes, it looks more like the case of an accident where a hurried webmaster simply forgot a few of them. if the lawsuit was just over this, then I hope that blind man and access both rot in hell since all they really needed to do was email the webmaster and say "hey you forgot a few alt attributes and I am blind and cannot use the site." I am the webmaster for a very large and very popular real estate sit. While we do not use images for navigation, if we did and a few slipped through the cracks, I would add them as users complained.

      You are assuming here that the webmaster is reasonable, and reacts to user's complaints. However, more often than not, this is unfortunately not the case: For example, this site has had a Javascript cover page barring access to anyone who has not a 800*600 screen (or not screen at all, for that matter...). And it has been like this for over a year, and despite repeated complaints. Ironically enough, once you have passed this obnoxious doorman (by going directly to http://www.cordis.lu/en/), you get to a nice site which is quite accessible, and which even has alt tags on their images.

      Unfortunately, such cases are not isolated. Often, polite complaints about such issues are often met with silence, or with ramblings about how 99.99% of the population use Internet Explorer anyways, or with idle promises to do better (but even after a year, no action). In fact, in the vast majority of cases, mailing the webmaster didn't bring any betterment of the site. I know even a case of a non-profit who had contracted out the design of their website to a "professional" web design firm. The site came back full of alt-less images and obnoxious javascript. After the non-profit corrected those issues, the web design firm attempted to pressure them to revert back to the original (i.e. inaccessible) web design.

      Maybe you are a good webmaster who reacts on user feedback, but unfortunately most don't :-(

      For all you now, Robert Gumson probably did try to work this out amicably before going to court, but got the "use Internet Explorer, like everybody else" spiel rather than an improvement of the site.

      --
      Say no to software patents.
    24. Re:I think the answer is easy by dbrutus · · Score: 3, Informative

      When I went through the site, I couldn't find any pages with alt tags at all. Perhaps we're looking at different pages?

      How hard is it to run every page through an html validator?

      The company has a fiduciary responsibility to its shareholders to maximize long term profits while staying true to the company charter. Management, when it fails to do that (and I think they are in this case) is not just serving customers poorly but their shareholders as well.

    25. Re:I think the answer is easy by pheonix · · Score: 3, Insightful
      The important thing is that all people are equal before the law. Being rich, or famous, or friends with the Mayor shouldn't give you any special privleges.


      But being blind or deaf should, right? Okay, my sympathies to those with a disability, but the ADA is NOT right, in my opinion, when it comes to web access. The ADA doesn't specify that those with disabilities need 100% complete access to every facet of the business. How do I know this? From resturants that are wheelchair accessible, but have a section that is up a set of stairs. Now, a wheeled person cannot get up there, but they still have access to plenty of seating, so no harm done. If a blind person can't use the web site, then they should call the 800 number, and no harm done. Southwest policy (in addtion to NWA), states that those with disabilities that use the call center do NOT get charged the surcharge that you or I would. So what's the problem?
    26. Re:I think the answer is easy by stinkydog · · Score: 3, Insightful

      A couple of points:

      But you're blind, you're not going to be able to use visual (WWW) media anymore!

      WWW is not a visual media, it is and information media. All HTML is about is describing how to display information. Content should be able to be seperated from code.

      No, it's like he's blind and he's suing because he's unable to use a visual medium.

      It's like I open a restraunt and build an 8" curb around it with no cuts. I can say it enhances the beauty of my property, but it is an unnatural barrier to some people. If I changed my restraunt to a website and called the curb Flash it is the same thing.

      If he wants information about airline flights he can *pick up a phone and call*.

      Sure he can't eat in my restraunt, but he can use the drive through, it's the same thing right?

      SD

      --
      âoeWho knew something as harmless as willful ignorance could end up having real consequences?â
    27. Re:I think the answer is easy by Isofarro · · Score: 2
      I believe some other companies have experimented with similiar systems, which they've dubbed 'call centres'.


      The whole business justification for a web presence is that it reduces the cost to do business with people. From that the number of call centres needed is drastically reduced because people can do it for themselves via the website.

      All Southwestern need is to produce an accessible website - not a difficult thing. Implementing a call-centre is a step backwards to the pre-WWW era, and unjustifiable from a business perspective.
    28. Re:I think the answer is easy by Isofarro · · Score: 2
      But let's be reasonable, unless you are a hermit, there is the ability to get a friend to read you the site. Or just call them!


      So their website is inaccessible. Someone using a speech-based browser should call them instead? Ahh, where should they get the telephone number from - their website?

      Geez - accessibility isn't that difficult. It is far easier to create an accessible website than it is for a blind person to find a phone number in a regular yellow-pages.

      Why can't we expect competant people to create websites? Surely that is the cheaper and more effective option.
    29. Re:I think the answer is easy by Isofarro · · Score: 2
      So what you are effectively saying is that a blind person should not be allowed the same rights as _you_ until everyone else in the US has that right first?

      Does it matter?


      Of course it matters, disabled people have as much right as you to participate in society. The web is a fully accessible medium - you have to do specific things to prevent that accessibility.
    30. Re:I think the answer is easy by catfood · · Score: 2

      The World-Wide Web is not a visual medium.

    31. Re:I think the answer is easy by arkanes · · Score: 2
      Using the validator properly requires a little bit of knowledge, such as which doctype to use (it'll complain if you don't have one and you'll need to specify a version of HTML to validate against). I know that knowing enough about HTML to know what version you're going to use can be a somewhat high barrier to entry, but one would presume that a professional web designer, such as one working for/contracted by a large company such as an airline, would be familiar with the different HTML versions and would be able to use the correct doctype.

      As for your page... once the doctype declaration is fixed (the standard specifies the all caps), the only problems are missing alt tags (just like in the article!) and the more nitpicky improper quoting on some of your attributes. And the 350k, 1150x1514 pixel jpg on the splash screen. Ick. Scale that puppy down!

    32. Re:I think the answer is easy by Alsee · · Score: 2

      compliance usually costs millions to implement

      I'll do it for $995,000.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    33. Re:I think the answer is easy by mpe · · Score: 2

      The problem is that the economically rational choice your store made (when it was on the 2nd story) makes sense for *all* stores. Going back to websites; it doesn't make economic sense for *any* site to accomodate blind people because they constitute only a small percentage of the customer base. So the market quite efficiently has found a solution in which blind people are screwed.

      Except the "benefits all users" can easily apply just as much to a website. A website usable with a "screen reader" is equally usable to a sighted person. Quite possibly more so than many current websites, since it isn't covered in all sorts of junk which detracts from the content.

    34. Re:I think the answer is easy by Cedric+C.+Girouard · · Score: 2

      They just want in the store.

      Who are you to compare their blindness to your big and tallness?


      I'll bite... and see myself moderated so low, I'll be able to shake hands with Satan himself...

      1- Blind people are in no way obligated to do business with non-blind friendly corporations. I've got blind friends who will just take their business elsewhere when that happens.

      2- Everybody on /. is bitching whenever the government or other organisation tries to impose legislation on what you can/can't do with something that belongs to you. Well... Newsflash... If I start a business, it belongs to me. I can choose my customers whichever way I please. It might not be sound business practice, but last time I checked, they had not voted a law against stupid management. If I choose not to do business with green-haired people, it's my decision. I'm cutting myself off a revenue stream, but it's my problem.

      So please please pretty please, try to bitch in a logical fashion.
      --

      Marriage is considered capital punishment for the theft of a goat in some third world countries...

    35. Re:I think the answer is easy by acoustix · · Score: 2
      Who are you to compare their blindness to your big and tallness?

      I'm not comparing the disabilities. He can still call the company and get ticket information. I'm saying both examples are forms of discrimination.

      -He's blind and can't get web access.

      -I'm tall and can't find clothes that fit.

      -He can call the company and talk to a human that will get him tickets.

      -I can also call the store, but can't get a shirt that fits. So do I have a right to sue the store? No. There are other ways to get clothing just like there are other ways to get tickets.

      --
      "A plan fiendishly clever in its intricacies"- Homer Simpson
    36. Re:I think the answer is easy by iCEBaLM · · Score: 2

      To all you people saying the web is not a visual medium I have one word to say to you: bullshit.

      It's as much a visual medium as books, pictures, newsprint and magazines. You don't see blind people suing Time Life because they can't read their rags.

      Now people, quit using the horrible metaphors and analogies, they don't work and they're not necessary. Webmasters should *not* be forced to make their pages play nice with text to speech hacks in the same way book publishers are not forced to publish their books on audio CD/Cassette.

      -- iCEBaLM

    37. Re:I think the answer is easy by Cedric+C.+Girouard · · Score: 2

      So, your blind friends would be happy paying $1200 for a blind-friendly round-trip ticket vs. $200 from Southwest? I think you have blind people confused with idiots. Blind means you can't see. Idiot means you pay too much for plane tickets.

      And yes - those are some prices I got a few weeks ago when searching for a last minute ticket from Oakland to San Diego.



      Well. Then, it's a choice you've made. You've traded convenience for money. I barely stated that you can always take your business elsewhere. I never said it would be cheap to do so. But when a large amount of their customers start moving away from them, they will either re-adjust their business plan, or go out of business. And remember.

      Blind people have friends, they will tell them about bad service at Southwest, and it will have a snowball effect. Ask any business owner. 1 unsatisfied customer will cost them at the very least 10 potential customers. Change dont happen overnight. It may take time, but the effect will be worst then any lawsuit you could bring on them, and will serve as an example to others.

      Also. Last time I checked, any half-decent airline had a very blind-friendly way to purchase tickets. It's called a telephone and a credit card.
      --

      Marriage is considered capital punishment for the theft of a goat in some third world countries...

    38. Re:I think the answer is easy by Cato+the+Elder · · Score: 2

      I can go to a store and buy a pair of 32 inch length pants. You can go to a store and buy a pair of 32 inch length pants. I can go to Southwest's website and get their Internet-only pricing. He can't go to Southwest's site and get Internet-only pricing.

  4. standards by proj_2501 · · Score: 5, Informative

    This why html standards exist. XHTML requires all img tags to have alt="" attributes, which several images on the southwest web page do NOT have. These images seem to be the only links to any other functions on the first page.

    1. Re:standards by proj_2501 · · Score: 2

      You're right. It probably would be very easy. Such guidelines should be written BEFORE any legal precedent is set. My bet is that Southwest settles like the other two companies did, so no precedent will be set in that case. However, it would probably be useful for these guidelines to actually be written! (and submitted to the W3C or something, the XHTML business may already account for this)

    2. Re:standards by stinky+wizzleteats · · Score: 2

      The problem is that web sites are becoming the primary means of disseminating information for a great many organizations.

      I bitched out a local government agency for hosting a web site which only worked with IE. If they are a public agency, the information should not be restricted to those who buy Microsoft's operating system. The governor and one of my senators got involved, and I got a personal call of apology from the agency head.

    3. Re:standards by CoolVibe · · Score: 2

      This guy is using speech software. I'll bet he gets lots of "spacer.gif" or "image.jpg" that crummy webdesigners put into the IMG alt tags just to 'comply'. I can imagine that's pretty irritating too.

    4. Re:standards by BlueUnderwear · · Score: 2
      I'll bet he gets lots of "spacer.gif" or "image.jpg" that crummy webdesigners put into the IMG alt tags just to 'comply'.

      For those kinds of images, and empty string as an alt tag is perfectly ok. Meaningful alt tags are only needed for meaningful images (such as link anchors, images of section headers, etc.). For purely decorative elements (backgrounds, spacers, etc.), it is perfectly ok to leave an empty alt tag.

      --
      Say no to software patents.
    5. Re:standards by plastik55 · · Score: 2

      Sure, make it a language requirement, that'll fix everything. Nowadays I usually see XHTML-compliant web sites with alt="" everywhere, or even alt="Enter alternate text here".

      --

      I have a positive modifier on Troll. When I mod someone Troll their karma should go UP!

  5. I have a disability... by flogger · · Score: 5, Interesting

    Does this mean I am going to go out and sue all glove makers because they don't make a right hand glove with no thumb? No. That is plain stupid. The term disability means, acording to Dictionary.com
    2. A disadvantage or deficiency, ...
    3. Something that hinders or incapacitates.


    Why can we not accept that there are things that we cannot do and not sue others while pretending it is someone else's fault that we have a disability.
    Are these (the ADA) the people that made it so that there is Brail on Drive up ATM machines?

    Only in Lake Wobiegon (sp?) is everyone above average...

    --
    ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
    "First things first -- but not necessarily in that order"
    -- The Doctor, "Doctor
    1. Re:I have a disability... by binaryDigit · · Score: 2

      Does this mean I am going to go out and sue all glove makers because they don't make a right hand glove with no thumb?

      No, because the presensce of the thumb does not prevent you from using it. If you had six fingers and could somehow prove it was a "disability", then you'd have a case.

    2. Re:I have a disability... by YrWrstNtmr · · Score: 5, Insightful

      Are these (the ADA) the people that made it so that there is Brail on Drive up ATM machines?

      After having witnessed this in use the other day, I agree with it.

      Two women drive up to the ATM. The passenger gets out, walks around to the machine, starts punching buttons. Gets her money.
      And then I realize she is blind. Walks around the car and gets in. They drive away. No problem.

      Without Braille on the buttons, she would have had to give her card, and PIN, to the driver to do the transaction. It's not just drivers that use those machines.

    3. Re:I have a disability... by Dannon · · Score: 2

      Only in Lake Wobiegon (sp?) is everyone above average...

      That's Lake Wobegon. Where the women are strong, all the men are good looking, and where all the children are above average.

      Just so you know. :)

      --
      Good judgment comes from experience.
      Experience comes from bad judgment.
    4. Re:I have a disability... by r_weaver · · Score: 2, Informative
      I've seen the "It's stupid to put Braille on Drive up ATM's" topic rehashed several times in this thread.

      Think about it -- a visually impaired person is not going to drive himself to the ATM, right? So how is he going to get there? Perhaps a Taxi? Should he have to rely on the Taxi driver to retrieve his money from the ATM? Or should he sit at home and wait for a trusted friend to take him so the bank doesn't have to pay the extra $20 for Braille signage on its $20,000 ATM machine? Or maybe he should have to make the walk to to a walk-up ATM with proper signage? Afterall, he's disabled so he should have to walk like the rest of us, right?

      And for those that wonder what good the Braille does in the first place if a person can't read the screen: most of the ATM's for a particular bank use the same UI (and they publish guidebooks to document it), but the formfactor differs from machine to machine, so it's nice to have labels for the card slot, depository slot, etc. Check here for some Braille ATM sign samples.

    5. Re:I have a disability... by acoustix · · Score: 2

      I would really like to know how she read what was on the screen.

      --
      "A plan fiendishly clever in its intricacies"- Homer Simpson
    6. Re:I have a disability... by fishbowl · · Score: 2

      No doubt she painstakingly learned the pattern.
      Some marketroid will probably decide it's a swell
      idea to make arbitrary changes to the order of the prompts.

      --
      -fb Everything not expressly forbidden is now mandatory.
    7. Re:I have a disability... by YrWrstNtmr · · Score: 2

      I have no idea. I wasn't watching that closely, until she started to walk around the front of the car.

      I guess she had the prompts memorized.

    8. Re:I have a disability... by pangloss · · Score: 3, Funny
      If you had six fingers...
      If you have six fingers, I know a certain Spaniard who is looking for you.
    9. Re:I have a disability... by Chanc_Gorkon · · Score: 2

      Actually I hear the real answer. These machines are made by Dieblod without any idea of where they are being installed. That ATM at your drive thru bank could have been easily installed in a mall. ON the other hand, I have a blind friend and would take him to use the ATM and would use any I find. They all have Braille on them because yes blind people need money too.

      OK, here's where I think alot of folks loose touch. The web SHOULD be as acessible to eveyrone as possible. Death folks can view the web. Blind folks should be able to too. It's extrodinarily easy to make your site parsable by these screen readers and you can still do nice things with your website. Flash ridden websites are OUT! Besides not working well for blind folks, you ever try and download that thing on a dial up? Yeah that's what I thought. I agree some of the ADA things that come up are weird. Heard a story about a blind guy wanting to be a AIR TRAFFIC CONTROLLER! Sorry, that is one job I want a guy with 20/20 vision. The web is a place that is meant or everyone. Should a blind guy not be able to get the same prices you get on airfares on the airline's web site?? It would be different if it was actually hard to do this but it isn't. You can write code that these browsers can read/get around and sometimes you may even find a way to automate it too. Suing for this? SURE! It would be different of there was a way that these prices were being offered elsewhere, but a lot of tiems, they are not.

      The funny, wild thing about this is that as far as OS's go, Windows sucks for being accesible too. UNIX is doing OK. UNIX is nice cuz you get all the benefits of running multiple programs, but you can do it in Virtual Terminals (with X or alt-f ing between them and use text mode programs only and it will work as long as you have a screen reader...right now that is being worked on for some UNICES. Some UNICES already have it. I think Linux does. This is as opposed to Microsoft who just now with XP have added TTS engines in the basic install, albeit BAD ones.

      --

      Gorkman

    10. Re:I have a disability... by dreamword · · Score: 2
      Moreover, the definition of "disability" in the text of the ADA is even stricter:


      (2) Disability.--The term "disability" means, with respect to an
      individual--
      (A) a physical or mental impairment that substantially limits one
      or more of the major life activities of such individual;
      (B) a record of such an impairment; or
      (C) being regarded as having such an impairment.


      Note the "substantially limits ... major life activities" bit. It's significant. Keeps people from asserting dumb or small things as disabilities.

      Remember, when arguing about legal definitions, that statutes tend to define key or controversial terms very carefully in the text of the statute, to avoid having a "battle of the dictionaries" later on.
    11. Re:I have a disability... by Kintanon · · Score: 2

      They already have. Depending on what banks ATM you use, and sometimes depending on your location geographically there are different prompts. Some ask about language preference, some have an extra 'Fast Cash' menu, some have other things that are nonstandard. I imagine some blind folks get really annoyed by it.

      Kintanon

      --
      Check out JoshJitsu.info for Brazilian Ji
    12. Re:I have a disability... by YrWrstNtmr · · Score: 2

      A coworker: "Hey Mary, let's go out to lunch."
      "OK, can we swing by the ATM first?"

      Would you give your card and PIN to a co-worker? I wouldn't.

    13. Re:I have a disability... by binaryDigit · · Score: 2

      So I suppose you wouldn't mind wearing 3-legged pants

      I'd prefer three legged than 1! Difference between being inconvenienced and not being able to wear them at all.

    14. Re:I have a disability... by Sycraft-fu · · Score: 2

      Actually the reason they have braille on drive up ATMs is benign and has everything to do with economics and nothing to do with lawsuits. What is the reason? Simple: It's cheaper to just make one modle of ATM. That's all. It is required that walkup ATMs have braille and it makes NO SENSE to have a seperate modle for drive through just to remove a feature. They just install the same ATM and are done with it.

    15. Re:I have a disability... by dbrutus · · Score: 2

      Sometimes blind people do hire cabs.

    16. Re:I have a disability... by Jeppe+Salvesen · · Score: 2

      Now how difficult is it to make sure the buttons on a drive-through ATM have Braille when you have to make sure the walk-in ATM has Braille? You guys are stirring up a storm in a tea-cup with this discussion..

      --

      Stop the brainwash

    17. Re:I have a disability... by Andy_R · · Score: 2

      Probably because it's cheaper for the elevator (or lift if you are British like me) manufacturer to only stock 1 type of buttons (with braille) than make a special type just for multi-level car parks.

      Oh, and there is the slim chance they would get sued by a blind person who couldn't work out which was the 'close door' button when the crack head who stabbed the person who drove them there was chasing after them.

      --
      A pizza of radius z and thickness a has a volume of pi z z a
    18. Re:I have a disability... by tree_frog · · Score: 2, Informative
      Actually, why do you think that when you travel to Europe all different denominations of banknotes look different from each other (for example the Euro notes).

      The whole point is the banknotes are different colours and sizes, and have differentiating features (such as intaglio printing) placed in different places on the note precisely so that someone with impaired sight can easily tell the fifferent denominations apart (see here for details on the features of Euro banknotes for the partially sighted.

      How do those with poor sight differentiate between the different banknote denomintaions in the USA?

      regards, treefrog

    19. Re:I have a disability... by brad3378 · · Score: 2

      Without Braille on the buttons, she would have had to give her card, and PIN, to the driver to do the transaction. It's not just drivers that use those machines.

      Next ATM makers will be sued for not having
      braille printouts on the receipts.

      --

    20. Re:I have a disability... by Isofarro · · Score: 2
      Here is your fucking clue. There is no RULE which says HTML documents are required to be presentation independant. In fact, it was the beloved W3C which introduced the abortion called HTML 3.2 which made HTML a presentational markup language.


      HTML 3.2 was an abortion - why? Because it was an attempt to reconcile the browser war between Netscape and Microsoft by including their proprietory elements into the specification. These tags were largely presentational and went against the grain of W3. The reconciliation didn't work, and in HTML4.01 when W3 regained the driving force behind HTML, they deprecated most of the presentational elements apart from <b> and <i>

      It is quite clear that the W3 were quite reluctant in publishing HTML3.2, and their HTML3.0 recommendation was far superior, and included attributes for allowing external stylesheets to be used for presentation.

      It is obvious that HTML3.2 was a step in the wrong direction. Thankfully facilities for stylesheets remained in HTML4.0 and onward through XHTML.

      As you mention HTML3.2 was an abortion - a clear indication as any that HTML is not geared as a presentational language. Otherwise, why deprecate the vast majority of elements in the next version - undoing the damage of presentational orientated elements.

      HTML documents are *supposed* to be presentation independent. If you can't understand that, you shouldn't be allowed near a web site.


      So this point stands. And the quicker the drag-and-drop operators that call themselves webdesigners understand this, the quicker the web becomes a truely useful and accessible medium
    21. Re:I have a disability... by DaytonCIM · · Score: 2

      "The core meaning of this provision, plainly enough, is that the owner or operator of a store, hotel, restaurant, dentist's office, travel agency, theater, Web site or other facility (whether in physical space or in electronic space) that is open to the public cannot exclude disabled persons from entering the facility and, once in, from using the facility in the same way that the nondisabled do," Posner wrote in Doe et al. v. Mutual of Omaha Insurance Co.

      That's the bottom line. If you are open to the public, then you may not exclude any group of people (i.e. women, disabled, homosexuals, etc). Hanging a sign that reads: whites only is the same as not laying down a piece of plywood, creating wheelchair access. Discrimination, be it overt or by chance is still discrimination.

    22. Re:I have a disability... by geekoid · · Score: 2

      jeez, could it be that its cheaper to use the machines with brail in your drive up lanes then it would be to have a different interface manufactures?
      plus, I can think of ways a blind person could use them, say, form the back of a cab?

      in your case, the glove still works for you, in this case, the web site does not work.
      Also, we are talking about an airlines website, and some airlines may go to hubs that other do not, which mean this could restrict freedom to travel for a blind person.

      I always thought it was spelled "Woebegone".
      as in woes, be gone.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    23. Re:I have a disability... by ameoba · · Score: 2

      I'd hazard to guess that the large chunk of braile 'text' to the side of the terminal contains the instructions on how to operate the machine.

      --
      my sig's at the bottom of the page.
    24. Re:I have a disability... by psych031337 · · Score: 2

      The braille on drive-up ATM machines is there for a reason - efficiency. It does not make sense to produce, stock up and use two kinds of keypads on ATMs when one will do. And if you need braille anyways, then just stick to it even on machines that are usually not a blind person's target. Check your keyboard. Are there nudges or shapes differing from the rest on the F and J keys ? They are there for a reason. Even my cellphone has a nudge on the 5-key.

      And for your glove problem... Of course you won't get through with suing glove makers. That would be like the blind person suing Southwestern to pay some guy that reads out the site to him/her. But this is not what it is about. The person has gone through hassle by getting one of those "read-out" machines and now wants to use it. What if you bought nice gloves and found a guy who's doing changes to leather gear, only to find he refuses to cut off that empty glove finger? Would you sue? I would.

      --
      +++ath0
    25. Re:I have a disability... by binaryDigit · · Score: 2

      No, my point was not about this person, it was about ADA in general. Actually, specifically this partial thread was about making incorrect analogies about the ADA. I made no statement on the validity of the person in the articles claim.

      What I find the most amusing is that I tend to be against the ADA, I just don't like bad logic ;) But it looks like the people who responded to my post think I'm a pro ADA whacko just because I tryed to point out a flaw in an analogy.

  6. This is getting ridiculous! by OmenChange · · Score: 5, Funny

    I just have one thing to say to people whose screen reader software can't read this post and are offended enough to sue:

    er....

    Oh wait, nevermind.

  7. Human Rights by duncan+bayne · · Score: 5, Insightful

    This strikes me as a matter of simple human rights. Does anyone have the right to force a company to spend money on a minority, or accept customers they wouldn't otherwise accept? I don't believe they do.

    If the minority (in this case, the blind) are sufficiently profitable as customers, it's likely the company will spend the time and money to cater for them. Or, perhaps, the owner(s) of the company feel that their public image would be best served by catering to the minority. Or maybe they respect the effort many blind people make to achieve their goals, and decide to assist them.

    Either way, it's the choice of the company - what right has any individual or group (including the State) to force a company to accept customers they don't want?

    1. Re:Human Rights by binaryDigit · · Score: 2

      This strikes me as a matter of simple human rights. Does anyone have the right to force a company to spend money on a minority, or accept customers they wouldn't otherwise accept? I don't believe they do.

      Uh, you're too late. This is what ADA is all about. The govt mandating that concessions be made to a minority of the population. This case is but one example.

    2. Re:Human Rights by scotch · · Score: 5, Insightful

      Yeah!! Any why should companies have to hire blacks and women if they don't want to?

      I don't think there are enough blind people or disabled people to make it profitable for most companies to accomodate them. That's why the law was put in place, as a measure of human decency that allows these people to function normally in society.

      --
      XML causes global warming.
    3. Re:Human Rights by gclef · · Score: 2

      This has lots of civil rights overtones.

      In other words, if it's okay for a business to choose to ignore a minority like the blind, why is it wrong for them to ignore other minorities, like blacks? The logic is the same in both cases, both for and against the government taking a stand on the issue.

      Yes, there has to be a line drawn somewhere. But, once you start down the path of saying that companies must not discriminate against minorities, the whole issue becomes a case of where you draw that line, and which groups qualify as minorities. The precedent is there to force companies to do this...the only question is, does it help?

    4. Re:Human Rights by cpt+kangarooski · · Score: 2

      So you thought that it was perfectly fine that many businesses in the American South discriminated against blacks until our government started legislating against it, hm? That blacks couldn't go into movie theaters, or resturants, or hospitals that were white-only? (i.e. most of the facilities of those types, and invariably the good ones)

      It's great to assume that people won't be asses to one another, and it's wonderful when it actualyl happens. But where there is a history of the contrary, it's probably a good idea to start taking measures against it.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    5. Re:Human Rights by addaon · · Score: 2

      Huh? What are you talking about? I can't tell if you're a troll or a libertarian without ethics (libertarianism can only work with ethics, in my opinion), but I'll respond. Where did this come from: "the right of a sighted person to create a website in the fashion he chooses?" Has anyone suggested, anywhere in this thread, that personal websites be legally required to be accessible? Or were people instead talking about COMMERCIAL sites? Commercial entities are not people, and, in general, don't make choices. It is very hard to hurt a legal document's feelings.

      --

      I've had this sig for three days.
    6. Re:Human Rights by Bios_Hakr · · Score: 2

      >hire blacks and women

      We aren't talking about hiring policies. If I make a product aimed at a core customer, what right do you have to tell me to modify my product for another customer. If you don't like win32 because the source is closed, don't buy it. If SW Airlines doesn't want blind people for customers, so be it. You can't sue MS claiming that closed source prevents you from accessing the internals, why should you sue SW Airlines?

      Now there are some Brick & Mortar laws about access. I think thoes are mainly for safety. You don't want someone in a wheelchair trapped in your building if it is on fire. However, I don't think anyone has the right to tell you what features you need to add to your product.

      --
      I'd rather you do it wrong, than for me to have to do it at all.
    7. Re:Human Rights by scotch · · Score: 2
      How long have you been working to overturn the ADA? I mean, the law has been on the books for ages, so I know you've been working to overturn that, all the civil rights acts, all anti-discrimination laws, and all the other laws separating us from a nice neat randian anarchy? Yeah I am/was being sarcastic.

      The guy is completely within his rights to sue because (possibly) SWA is not in compliance with this law. He shouldn't be the target of peoples misgivings about the ADA.

      I'd rather not get into a philosophical discussion with you, but this is the way things are in the US: the government passes laws to protect the weak and minorities. Have you ever heard the phrase "the tyranny of the majority".

      IMO, requiring businesses to provide accesibility measures for the disabled is a justified restriction to place on the non-disabled. Consider that without the accesibility laws, businesses don't provide them on their own good will, and the disabled are unable to function even if they are capable. Who do you think is going to end up taking care of the disabled if that were the case? The government, likely. Unless you think we should let them starve in the streets.

      Put yourself in the blind guys shoes for a minute - consider how lucky you are.

      Cheers

      --
      XML causes global warming.
    8. Re:Human Rights by scotch · · Score: 2
      Well there are discrimination laws, and then there is the ADA. They aren't really the same thing, though they are related. Presumably, this blind guy is suing because he feels SWA is not compliance with the ADA (which has, BTW, has been on the books for years - all you people sound like you've never heard of it).

      I think anti-discrimination practices can get carried away, and what we have is my no means perfect, but come on, are you being obtuse or what? Why do you assume that the only valid options are the extreme ends of the scale: no anti-discrimination laws or protection for every stupid thing under the sun in an equal manner. This is real life, real people, not some logical exercise on your computer.

      As far as your questions go, I don't think companies should be allowed to discriminate based on religious preference unless their is some significant religious aspect to the business, for example, a church shouldn't have to hire an atheist organist. I don't know what the law is on this, but every company I have ever worked for has promised not to discriminate based on lots of factors. Why, probably becasue of the law.

      What factors should be protected? Things you can't change: color of your skin, nationality, sex, age to some extent. Religon, because it's so ripe for abuse. Hair, dress, smell and all the examples you brought up, probably not.

      --
      XML causes global warming.
    9. Re:Human Rights by mc6809e · · Score: 2

      Yeah!! Any why should companies have to hire blacks and women if they don't want to?

      I know you're being sarcastic but why indeed? I agree that descrimination is stupid, wrong, and idiotic, but do the threat of lawsuits really change people's minds or does it make them even more hostile? Does taking away the right of free association really promote harmony? If we value freedom, should we be free to associate as we please? Should we be free NOT to associate if we want to?

      This is very similar to the debates about free speech. Should we allow people to say things we don't like? Can we defend their right to speak while disagreeing with them? Of course.

      That's why the law was put in place, as a measure of human decency that allows these people to function normally in society."

      No. The law was put into place so that the public could feel good about themselves while making someone else pay for it.

      Thats not fair and its not decent.

    10. Re:Human Rights by mc6809e · · Score: 2

      This has lots of civil rights overtones.

      In other words, if it's okay for a business to choose to ignore a minority like the blind, why is it wrong for them to ignore other minorities, like blacks? The logic is the same in both cases, both for and against the government taking a stand on the issue.


      This also touches on the idea of legislating morality. Just because something like descrimination is immoral, should there be a law against it? Should people be free to be immoral?

    11. Re:Human Rights by scotch · · Score: 2
      So, does that give the State the right to consider his interests more imporant than my rights?

      What, are you new here (the US or the planet)? Of course the state has rights to do things like this. The state has the right to make laws (as defined and limited by the constituion). Every act of goverment is a compromise - a trade off of benefits from one group to another (i'll avoid the loaded word "right"). This applies to every government ever. The ADA is a concession, like many laws, that makes sure the forces of the free market and "majority rules" doesn't destroy a particular minoritiy. US history is littered with these concession, in our very form of government was constucted with this principle in mind.

      Does the ADA personally put you out? How much? It makes the world of difference for blind and disabled people.

      What do you want, an anarchy?

      --
      XML causes global warming.
    12. Re:Human Rights by Dalcius · · Score: 2

      Jesus dude, get a clue. I don't normally flame folks, but come on!

      Hiring black folks doesn't cost anything. Pouring concrete for sidewalks and spending more development time reteaching those who don't program websites correectly and double checking your site costs money .

      It's private property. It's private business. Why should they spend money on something if they don't want to? I'm not blind, I don't want to be unfair, but I don't think I am. If they don't put ramps in the building, they loose business.

      And it's not like blind folks can't use the *phone* to get tickets online. I know I'm taking a tiny portion of the pie here, but I think this case is a bit bogus.

      --
      ~Dalcius
      Rome wasn't burnt in a day.
    13. Re:Human Rights by mc6809e · · Score: 2

      So you thought that it was perfectly fine that many businesses in the American South discriminated against blacks until our government started legislating against it, hm? That blacks couldn't go into movie theaters, or resturants, or hospitals that were white-only?

      Just because something is morally wrong doesn't mean there should be a law against it.

      Tell me: Do you think people should be free to say racist things or should that be against the law? You don't seem to think freedom of association should be protected. Maybe you think freedom of speech should be next.

    14. Re:Human Rights by ttfkam · · Score: 2

      Fine. How about ATMs that only white men can use?

      As for "If SW Airlines doesn't want blind people for customers, so be it," replace with "If SW Airlines doesn't want black people or women for customers, so be it."

      You will probably reply that it's different. On the other hand, it is quite possible for any web page designer to make their site usable from braille readers. The ADA was meant to keep this from happening. There aren't enough blind people in this country to have an economic impact on a company to the extent that they voluntarily make disabilities a priority. This does not mean that blind people should be shot and left at the side of the road.

      There is nothing intrinsic to travel on Southwest airlines that precludes access to blind passengers. If this was a first-person shooter game, where sight and visuals are an intrinsic part of the game which cannot easily be substituted, the ADA would not apply. Southwest, however, has the cheapest fares in the area and already makes provisions in their business for blind passengers. Assuming that some other airline's web site is braille reader accessible. This means that for the same travel plans, a blind person MUST spend two or three times as much as a sighted passenger. This is effectively a tax on the blind.

      But I digress. I am simply amazed that the readers of Slashdot have such a large group of people against this. At the very least, it would guarantee that large corporations make their web sites available in all browsers (think banks and their current fixation on IE). It would also limit the amount of superfluous JavaScript on pages. ISN'T THIS WHAT A LARGE GROUP OF SLASHDOT READERS WANT!?!

      I, for one, have no problem with the fact that it comes on the heels of a guarantee to support blind users. To me, access to the blind is a far more noble and worthwhile goal than choice of browser and the fight against Microsoft hegemony.

      --

      - I don't need to go outside, my CRT tan'll do me just fine.
    15. Re:Human Rights by addaon · · Score: 2

      I'm saying that the rights of the individual are a non-issue. No individual created the web page. No individual is responsible for the web page. No individual is in a position to have his or her ethics or mores modify how the page is created; therefore, the page is not regulated by human ethical principles... which, last I checked, most libertarians thought were an 'acceptable' if not necessary form of regulation. As such, creations like this are do not fit into the utopia libertarians imagine; being unregulated by basic human kindness, it must be regulated by somethign else; a formalized definition of basic human kindness is as good as anything.

      --

      I've had this sig for three days.
    16. Re:Human Rights by ttfkam · · Score: 2

      No, it's not their choice. Without the ADA, disabled people most likely would not be able to fly on a plane at all as it would not be seen as economically viable to put in ramps and other such services at airports. There is nothing intrinsic to air travel that should preclude access to blind people; they're not flying the plane.

      "The State" does indeed have the right to force compliance. "The State" felt that it was worth passing the Americans with Disabilities Act because of serious neglect for the basic living needs of people with disabilities. "The State" enacted it through the federal legislature of which one representative and two senators belong to you. Don't give that cookie-cutter, libertarian crap. If you don't like the law, work to get it repealed. If more people disagree with you than agree, that's democracy in action.

      As for "the principle is that no-one has the right to force a person to trade with someone [with] whom that person doesn't want to trade," this is truly sad. This means that you would be okay with institutionalized racism ("I don't want to have to sell to them zipperheads!"), sexism ("I don't feel like selling to those stupid bitches!"), etc.

      In addition, to quell your obviously libertarian tendencies, airlines function across state lines. This is federal jurisdiction subject to federal laws and regulations. States could not effectively manage something like the ADA and in my mind it is no different than the federal legislation that nullified the Jim Crow laws in the south.

      There is such a thing as tyranny of the majority.

      --

      - I don't need to go outside, my CRT tan'll do me just fine.
    17. Re:Human Rights by cpt+kangarooski · · Score: 2

      I definately think people should be free to say racist things, and in fact, I am uncertain as to whether that would be morally wrong. (perhaps offending someone is the moral wrong?)

      I think freedom of association is definately worth protecting. However, if you want to run a business, which is significantly different than simply associating with people you want to be with, then you're going to be saddled with an additional burden.

      Does this imperil liberty? I can't see that it does. It is certainly nothing like outlawing a political party or religious group.

      Would you abolish laws on criminal conspiracy and aiding and abetting for violating associational rights?

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    18. Re:Human Rights by Blkdeath · · Score: 2
      Any why should companies have to hire blacks and women if they don't want to?
      Why should the company hire ANYONE that they don't want to?

      And of course, Affirmative Action will ensure that companies get the best person for the job, right? If one qualified white man and six unqualified black men/women apply for an opening - tell me why on Earth the white man shouldn't be hired. More realistically, what if one of the applicants just happened to have three months more experience than the next runner up, with all the education an employer could ever ask for? Shouldn't they be hired, regardless of what they look like?

      Why aren't companies allowed to make decisions that will do them the most good? Isn't it the right of a private company to hire 1000 incompetent white men if they so desire?

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    19. Re:Human Rights by Blkdeath · · Score: 2
      and because at least one of his customers is blind, a parasite, and has access to a lawyer
      Ironic that he contacted and secured a lawyer rather than phoning SW and making his reservations that way.
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    20. Re:Human Rights by ttfkam · · Score: 2

      You don't, but the folks for whom you voted (assuming you vote) certainly do. That's what laws do. They're the ones who make the laws.

      --

      - I don't need to go outside, my CRT tan'll do me just fine.
    21. Re:Human Rights by Blkdeath · · Score: 2
      My experience is that smokers don't tend to believe that anyone else has any rights.
      My experience as a (former) smoker taught me that a lot of non-smokers don't believe that smokers should have rights. For example, the right not to be yelled at, or have people walk up to you and demand that you 'put that filthy thing out!'

      The latest 'thing', of course, is the notion that smokers shouldn't have the right to eat, drink, and smoke in restaurants/bars (conversely, that restaurants and bars shouldn't be allowed to allow smoking).

      There are inconsiderate people everywhere. Some of them happen to smoke. Please don't paint all smokers with the same brush.

      (For the record, there is a significant lack of ash trays on streets in most cities.)

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    22. Re:Human Rights by Blkdeath · · Score: 2
      So you thought that it was perfectly fine that many businesses in the American South discriminated against blacks until our government started legislating against it, hm?
      That's a side-issue. If the American South hadn't shipped so many blacks over from Africa and enslaved them, it wouldn't have really been an issue. Had migration been permitted to happen on its own, and had slavery not been permitted in the first place (the idea of a human owning another against their will is quite to the extreme of bad taste, IMHO) I doubt such a wide-spread discrimination effort would have taken place. Instead, we had entire generations of people who thought of black people as property - what did you expect, that they'd opt to sit in a restaurant with something they saw as sub-human? Something to be bought and sold? They didn't eat with their cows either now, did they?

      (No, I'm not comparing blacks to cows, I'm driving at the 'they're both property' mentality that many southern US white people had at the time during and after slavery)

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    23. Re:Human Rights by DragonMagic · · Score: 2

      To boot, recently, the Parma, Ohio, police department was chided by the State for hiring a white officer over a black officer, because the black officer ranked second on his exam, and the white in the teens.

      However, the black officer failed his psyche exam, while the white officer went clean through. So what happened? The state told the PPD to throw out their psyche evaluations because they *obviously* discriminate.

      If only we could just go to a hiring process where the decision maker has no idea of gender or race, then these little arguments of discrimination will cease. Hopefully.

      --

      Human nature is the same everywhere; the modes only are different. -- Earl of Chesterfield
    24. Re:Human Rights by Blkdeath · · Score: 2
      However, the black officer failed his psyche exam, while the white officer went clean through. So what happened? The state told the PPD to throw out their psyche evaluations because they *obviously* discriminate.
      This rings of the debate 'to lower, or not to lower fire fighter standards in order to hire more women?' to which my answer has always been;

      Can a fire fighter lift my unconscious 240lb carcass out of my bed, up a flight of stairs, and out the door? If she can only bench 150, sorry, but she just doesn't qualify in my book.

      If a person doesn't pass a psych exam for a job (especially one where they carry a gun, handle illicit goods/money, etc.), perhaps they should investigate another line of work.

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    25. Re:Human Rights by Chanc_Gorkon · · Score: 2

      You said: How about Christian companies that will only hire Christians?

      That's funny. A true Christian would hire anyone. The bible says to 'Love the Lord your God with all your heart and with all your soul and with all your strength and with all your mind'[1] ; and, 'Love your neighbor as yourself.'[2] Luke 10:27. Also: On the contrary:
      "If your enemy is hungry, feed him;
      if he is thirsty, give him something to drink.
      In doing this, you will heap burning coals on his head."[3] 21Do not be overcome by evil, but overcome evil with good. Romans 12:20-21

      So doesn't it stand to reason that a Christian would not mind hiring a non Christian? Christians want everyone to know that god loves them unconditionally and wants them to come to him. Christians do want everyone they see to be saved. One cannot be forced or coerced into being "saved" but they and they alone have to make that choice. In any case, I have yet to see/hear of any Christian business restriciting their hiring to Chrstians, save for maybe a Christian School (well DUH!). I know of one gentlemen in the area who is a Christian and owned a larged car dealership. He would hire anyone that qualifies, Chrsitian or not. My wifes company has scripture in their mission statement and have created a work at home program specifically for moms (a very Christian thing to do) and they hire non Christians. That's just two examples. A Christian business not wanting to hire a non-believer is so contrary to Christian belief that I would have to ask are they really Christian? The bible states that you should go whee your enemies are many times. This is by far the best way to advance the faith.

      --

      Gorkman

    26. Re:Human Rights by Blkdeath · · Score: 2
      I guess you're too lazy to put the butts in your pocket and throw them out when you find a trash can, huh?
      You're aware that these things are on fire, right? :)
      And you're right, smokers shouldn't have rights. I don't have the right to go into a building and start spraying noxious chemicals, so why should you have the right to foul up everybody else's air?
      We're not talking about walking into just any building - we're talking about smoking in open air, or about smoking in buildings which have already been designated as 'smoking'. Come on, do you really expect to go to a bar and NOT be in a smoke-filled room? Sure, there are non-smoking 'specialty bars' (I think they call them "micro-breweries". Ask Mr. Leary how he feels about those. ;) ), but I live in a blue-collar town. Most of the places I enjoy are atleast partially (often the majority of the customers) smoking establishments.

      I believe it's up to the owner of the building to decide what people can do with the air in their place of residence or business. Likewise, it's your right as a non-smoker to patronize non-smoking establishments.

      Now please, find another table. My friend here is smoking, and we were here first.

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    27. Re:Human Rights by mc6809e · · Score: 2


      I think freedom of association is definately worth protecting. However, if you want to run a business, which is significantly different than simply associating with people you want to be with, then you're going to be saddled with an additional burden.


      I'm curious what it is that you think is significantly different. What do you think is the important difference? If I choose to exchange money for another person's labor and they agree, why should anyone interfere?

      I really would like to hear what you think is the important difference.

      Would you abolish laws on criminal conspiracy and aiding and abetting for violating associational rights?

      No, I don't think I would. The laws on criminal conspiracy and aiding and abetting seem more directed towards establishing a sort of transitive property for criminal responsibility.

      Like this:

      A helps B who then commits a crime C because of A's help.

      Therefore, A helped commit crime C.

      I don't think this places any limits on A or B's association. Like I said, it merely tries address A's degree of participation in the commision of the crimes. IANAL, of course.

    28. Re:Human Rights by Blkdeath · · Score: 2
      From Dictionary.Com/irony;

      "Incongruity between what might be expected and what actually occurs"

      Personally, I'd expect the person to phone the airline before they phoned a lawyer.

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    29. Re:Human Rights by Blkdeath · · Score: 2
      Let's drop all these pretences that smoking tobacco and littering are "ok" because "everybody does it" or some other pathetic excuse, shall we?
      I'm not sure where this is coming from. Perhaps you're reading into my words.
      You are a drug addict.
      Only to caffeine. :) (For the record, I quit smoking in March of 2000 after about 8-10 years)
      That does *not* mean that you have the *right* to feed your addiction whenever and however it pleases you. Welcome to modern society.
      I'm not asking for "whenever, wherever". All I'm saying is that open are environments and private establishments (where smoking is considered a normal course of action) should not prohibit smoking. As I said before, most of the bars in the Durham Region are split to the order of 70/30 smoking/non-smoking; only because there has to be a non-smoking area by law, but more often than not the non-smoking areas are so under populated the smoking area winds up stealing chairs and tables from it to their own area.

      A coffee shop I used to frequent (it was the closest to where I worked at the time) had about 15 tables in the smoking section, and 3 in the non-smoking section. The non-smoking tables were so commonly empty, smokers just sat there anyways. See, since there were no non-smokers to complain, there was no problem. When non-smokers came in, they were left alone in their little corner.

      Other coffee shops are, in some case, by choice non-smoking and they attract the non-smoking consumer base. Fantastic! All the power to them! Way to go Mr. Horton! But what would happen to the above coffee shop if their clientelle were suddenly told that they were no longer allowed to smoke amongst one another? Moreover, what would be the POINT? The employees smoked, the cooks smoked, the customers smoked. It's not like new applicants or customers could possibly be surprised that there were so many smokers - they were always in there.

      We don't want tobacco smokers polluting the air and littering with their butts ( regardless of the "lack of ashtrays" or other lame excuses) anymore than we want people consuming alchohol and littering with their bottles/cans, or smoking crack and littering with their crackpipes.
      Could you raise that strawman just a little bit higher? There, now I can see its shoes; thanks.

      People were upset about litter, so garbage cans were installed two per city block, and every few dozen metres along most park/lakefront walkways. Why can't they do the same with ashtrays? Matter of fact, the Pickering Town Centre used to have these great garbage can units that had a sand-filled ashtray built right into the top. The lid of the garbage can folded up and over it to access the trash bag, and with a scoop (a la kitty litter scoop) through the sand would rid it of all (or most) of the butts.

      While it should be terribly obvious, I'll respond to the remainder of your point anyways. Smokers don't become irate, increasingly over stimulated, or angry when they consume their drug of choice. They don't tend to vomit (first-time inhaling is another story) or pass out from smoking. There is a reason we don't allow the consumption of alcohol in public, and for all those reasons, crack is about 100 times worse.

      Let's face it - probably half the population in urban centres smokes. This is not a majority vs. minority argument, because even if smokers are in a minority it's a very slim one. People voluntarily purchase and consume these products, and in the past few decades people can't possibly claim to NOT realize the health implications of smoking. I've spoken with WWII vets who recall talking about "coffin nails" back in the 40's.

      That does *not* mean that you have the *right* to feed your addiction whenever and however it pleases you. Welcome to modern society.
      Smoking, much like drinking, is a social activity. Welcome to reality.
      This is a *choice* that *you made* to start smoking. If you need ( because of your addiction ) to not go in public because you can't go that long without feeding your addiction, so be it. You have the right to stay home.
      Not if the extreme left have their way. If there are any minors living in your home, you can't even smoke there.

      As a business owner, I have the right to decide what type of environment I want to offer. If I owned a bar and decided that it was going to be a smoking establishment, that's my decision. If you don't like it, you're free to go down the street to a micro-brewery and drink there instead. You have that right.

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    30. Re:Human Rights by naasking · · Score: 2

      I presume you're being sarcastic here, but you're right. Why should they? Only because the State has decided that it has the right to override the choices made by those companies [...] So you're saying that State coercion, the forcing of people to hire employees they don't want, or do business with customers they don't want, is an example of human decency?

      Yes, in some cases it is. What you seem to be misunderstanding is that individuals do not and should not have absolute freedom. Our freedoms are tempered and limited by morals. It is immoral to discriminate against indidivuals based on factors that have nothing whatsoever to do with the situation. Not hiring black people simply because they are black is an example; their skin colour has no impact on their performance. That is the reason for discrimination laws. (though quotas are a ridiculous attempt at solving discrimination)

      As for the blind situation, it is similar: sacrificing a minority for the majority. For someone who preaches freedom from State coercion and individuality, you sure seem quick to suppress a minority in favour of the majority. If it were not for the laws, how many places of business would be available to blind or other disabled persons? Practically none I'd bet. So how are these people supposed to get food? How are they supposed to go places? And honestly, how much effort do you think it would take to make the site accessible? I could probably do it in an afternoon. I think you should re-examine the premises of your argument.

      While your support of freedom and individuality is admirable, you must keep in mind that most people do not use their freedom responsibly or morally, so the law is there to ensure people do not act irresponsably (that's what it's supposed to do anyway).

    31. Re:Human Rights by naasking · · Score: 2

      in this case, where the State has decided that blind people are more important than sighted people.

      No, the company decided that blind people were less important than sighted people, and the State has told them they are equally important.

    32. Re:Human Rights by catfood · · Score: 2
      Does taking away the right of free association really promote harmony? If we value freedom, should we be free to associate as we please? Should we be free NOT to associate if we want to?

      That was exactly the argument of racial segregationists in the US South in the 1950s and 1960s. I believe a national consensus emerged to the effect that no, in a business context you do not have that right if it has the effect of leaving people out of mainstream society. Sorry.

    33. Re:Human Rights by Russ+Nelson · · Score: 2

      And yet ... there are enough people who wanted this law. Why can't those self-same people simply avoid doing business which don't accommodate disabled people?
      -russ

      --
      Don't piss off The Angry Economist
  8. Why this isn't a joke... by Bonker · · Score: 5, Insightful

    A lot of people assume that the ADA is a farce designed to quiet the disgruntled whinings of mentally or physically disabled people. It's a bone tossed to them in much the same way that senior citezens get discounts and prefferential treatment in businesses. It's annoying for other customers and frequently inconvenient.

    After all, how many handicapped parking places does the mall need?

    What people who think that this is a joke fail to consider, however, is the fact that without the ADA in place, businesses can and will discriminate against handicapped people.

    Consider for a second your state's major university. We'll use the University of Texas for an example, because I'm familiar with it. Most of the buildings were constructed in the first half of the twentieth century. Most of the multi-story buildings have elevators, but not all of them. During class-time, the elevators are so full that if you want to get to class on time, you have to use the stairs. Remember that Austin is very hilly. There are stairs everywhere, even for one-story buildings.

    Now lets assume that you were in a car wreck with a drunk driver and lost the use of your legs. Despite your new disability you are a smart individual who can get a job that does not require the use of your legs.

    Without all those nice wheelchair ramps and wheelchair accessable elevators at the university, you are shit out of luck for actually getting to class... to say nothing of managing to cross the stage when you actually manage to earn your diploma.

    We look at wheelchair ramps and other disability accomodations as commonplace. The truth is that very few businesses and schools had them before the ADA forced them to. It may be unthinkable now to descriminate against someone because he's deaf, blind, or crippled, but before the ADA went into effect, nobody thought twice about descriminating against people like that.

    The ADA is not a joke.

    --
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    1. Re:Why this isn't a joke... by nomadic · · Score: 2

      That's just so wrong I don't know where to begin. First of all, the vast majority of people who park in those spaces don't use a wheelchair. Secondly, it's not either a wheelchair or marathon runner, there are gradations in between. If you need a walker to walk, are in intense pain while doing so, and can only go at a snail's pace, being 20 feet closer to the store entrance really does matter.

    2. Re:Why this isn't a joke... by Bios_Hakr · · Score: 2

      I'll agree that the ADA is needed for most B&M buisnesses. But a website is a product. Does anyone have the right to tell you what features to include in your product? Could I sue MS for not including MouseGestures? Could I sue Adobe for not supporting my Nintendo PowerGlove as a pointing device?

      --
      I'd rather you do it wrong, than for me to have to do it at all.
    3. Re:Why this isn't a joke... by Frank+of+Earth · · Score: 2

      After all, how many handicapped parking places does the mall need?

      You ever see the people that park in handicap spots? It fucking pisses me off to no end seeing some perfectly fine person get out and park in one of those spots.

      Maybe by looks alone, you can't tell if someone is handicaped, but from what I seen, someone needs to verify that handicap license plates are going to the proper people that really do need them.

      Just a rant ;-)

    4. Re:Why this isn't a joke... by JimBobJoe · · Score: 2

      Consider for a second your state's major university

      Not to severely nitpick, but ADA actually has much more stringent regulations for public universities and colleges. I go to Ohio State (which lo and behold is my state's largest university) and the things they have done to make everything accessible is pretty subtantial. (Though the feds do give funding for this purpose.)

      Small and large businesses are held to different criteria.

      "While it is not possible for many businesses, especially small businesses, to make their facilities fully accessible, there is much that can be done without much difficulty or expense to improve accessibility. Therefore, the ADA requires that accessibility be improved without taking on excessive expenses that could harm the business." (more text here)

      Large businesses are expected under ADA to do more.

      One thing I may add is that airlines are in some way a unique situation. There is of course the property they own, however their travel lanes are public, and they are uniquely licensed to take advantage of public airspace. The licensing, in some way, does put a bit of an obligation on air carriers to act in the best interest of the population. (You may not buy that concept, but sometimes the licensing is used that way.)

    5. Re:Why this isn't a joke... by silentbozo · · Score: 2

      After all, how many handicapped parking places does the mall need?

      Given the number of people abusing handicapped parking places, either by getting a handicapped placard (without actually having a handicap), stealing a placard, or just parking there and not giving a shit, the actual number of spaces needed is going to get inflated, just so that a REAL handicapped driver has a chance of getting a spot when they need it.

      Anyone recall the UCLA scandal where university football players were using placards to get prime parking spots? Yes, some of those placards were gotten under false pretenses.

    6. Re:Why this isn't a joke... by canadian_right · · Score: 2

      Most handi-capped people are not in motorized scooters. Many handicapped people don't even use a cane, but walking is very difficult, slow, painful, or a combination of all three. There are generally rules about who can have one of those handi-capped parking tickets for your car. So the next time you seem someone walking from a handi-capped stall, just feel lucky you don't have whatever it is they have.

      --
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    7. Re:Why this isn't a joke... by brad3378 · · Score: 2

      Reminds me of a situation at my parent's church.

      Their building committee was considering doing some
      rennovation that would have required them to have a
      wheelchair accessable ramp leading up to the
      pipe-organ. Ironicly, you need to be able to use foot pedals to play one.

      Don't get me wrong.
      The ADA is a good thing,
      but sometimes things get a tad bit out of hand.

      --

  9. Re:Good thing by silvaran · · Score: 2

    Opera resizes images with text... the "whole page" is resized, in fact, not just text. Granted, you'll still get bitmapped blocks on image-based text, but it's a step in the right direction...

  10. Finally an excuse for using good 'ol HTML... by Ron+Bennett · · Score: 2

    Finally I have a good excuse for using good 'ol HTML on sites, especially message boards like Marihemp Network Message Boards I run, other than it speeds things up - which in the world of cable and dsl doesn't fly anymore.

    Personally, I think it's high time for companies that have public websites to strive for universal accessibility regardless of browser, etc - I really HATE seeing blurbs such as "MSIE 5+ required", etc on websites - defeats the whole idea of HTML and universal access.

    While it's perhaps unrealistic for sites to work with various ancient browsers, a person with a basic browser that supports tables and other basic HTML (say HTML 3.2) should be able to access any publicly *commercial* website without hassles and plugins like flash and pdf - both of which I personally hate...webmasters who use pdf are too damn lazy to type while those who _require_ flash totally misunderstand the concept of HTML and universal accessibility.

    End of rant :-)

    Ron Bennett

    1. Re:Finally an excuse for using good 'ol HTML... by Reziac · · Score: 2

      Please rant louder :) My particular pet peeve is this recent rash of sites with menu buttons that don't work without flash, apparently a side effect of Dreamweaver MX. (The sites all look alike, too, so I presume they're built from some MX template.) There aren't even any links you can extract from docsource. What's worse is that it evidently looks like a normal link when the designer creates it -- I've complained a couple times and been told that the site in question has perfectly ordinary links, when it patently does not.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
  11. Miss the point by Savatte · · Score: 3, Insightful

    Not to be flamebait or anything, but I think we just have to accept that someone who is blind can never get the full effect out of the web, because you can't cut out the visuals and achieve the same result. It would be like cutting out the images in a movie but wearing headphones describing what you are supposed to see. Hearing what you are supposed to see and seeing it use vastly different sense.

    Yes, it sucks to be handicapped. I would imagine blindness is one of the least desirable handicaps, but at some point, we just have to accept the fact that blind people can't effectively surf the web.

    1. Re:Miss the point by Reziac · · Score: 2

      Well, that's not really true either. Blind people CAN effectively surf the web -- most of what's required is just to have normal links available (not just flash-only links) and use alt tags for image links.

      I last had my hands on a machine with a dedicated text-to-speech reader in 1996 or so, and even in that primitive era, it worked perfectly well online so long as there was *some* sort of text available for it to grab. It wasn't terribly fussy, it would read anything the cursor could "see".

      I'm not big on handicapped access (because IMO it winds up being a sort of reverse discrimination) but sometimes the accessability issue is so damned simple that there is no earthly reason not to accomodate it. How difficult is it to add ALT tags to images, or to add a plain HTML menu at the bottom of each page?? That should be done anyway, just for AVERAGE access -- IMO it's not even a handicapped issue.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    2. Re:Miss the point by Isofarro · · Score: 2
      It would be like cutting out the images in a movie but wearing headphones describing what you are supposed to see.


      It would be like having a text-only copy of George Bush's speeches - at least that way there's actually a chance of finding something that makes sense.
  12. Alternative accessibility by YrWrstNtmr · · Score: 2

    Are tickets for Southwest Airlines (at the same price) available via other means? Phone, travel agent, whatever. Yes, they are.

    Does every avenue have to be available to every person, no matter what the disability?

    If you're blind, use the phone. If you're deaf, read (Web).

    1. Re:Alternative accessibility by YrWrstNtmr · · Score: 2

      So should every business have a telephone interface modified for a customer who cannot speak? Even though they have a working website where everything is accessible.

      If the different interfaces (phone, web, human agent) are truly equal in terms of price and options, then how and why must every interface be built for every possible human configuration?

  13. Try Surfing the web blind... by flogger · · Score: 5, Interesting

    Try this "Speak IT" site and install the readers...
    Then come back to Slashdot, Highlight this whole discussion and listen...

    --
    ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
    "First things first -- but not necessarily in that order"
    -- The Doctor, "Doctor
  14. wheelchair parking by Alien+Being · · Score: 2

    I think it's fair to set some reasonable requirements for equal access to information on commercial sites.

    For blind people with PCs, this means "just the facts, hold the Flash". That's what I want too, just like I want that great front row parking spot.

    I wonder which site will be first to require a special permit to visit the streamlined pages.

    1. Re:wheelchair parking by NeMon'ess · · Score: 2

      Is it fair to make compaines offer a voice-to-text telephone service when the deaf call a service center? This device would have to be at the company's building since software isn't good enough to transcribe unfamiliar voices.

      I think the blind should use telphones and the deaf use the web for commerce.

    2. Re:wheelchair parking by Alien+Being · · Score: 2

      "Is it fair to make compaines offer a voice-to-text telephone service when the deaf call a service center?"

      Voice-to-text isn't even needed. IRC and/or email are reasonable things to expect a modern service company to provide to their hearing impaired customers. Before the "computer revolution" many companies had TTD numbers.

      When speaker independent voice recognition is bulletproof, deaf people will be able to just hold them up to their phones.

      I'm sure the blind use the phone quite a bit for commerce, but there's little technical to treat them as second class citizens.

      Rules about chair ramps, doors, parking spots and the like go too far sometimes, but they are important.

    3. Re:wheelchair parking by SoupIsGoodFood_42 · · Score: 2

      Your missing the point. Making the web-accessable to blind people is much easier than a voice to text phone service.

  15. I'm so conflicted. by Nathaniel · · Score: 2
    On the one hand, I think it's wrong to require that someone else go to extra work just to satisfy a minority interest when that minority interest could just avoid doing business with them. [1]

    On the other hand, if this is successful, it might make people fix many of those sites that break when javascript is turned off, and I'd personally like that quite a bit.

    [1] Don't get me wrong, I agree with the idea that certain public spaces must be accessable to handicapped people. In particular, I agree that handicapped people must be allowed reasonable access to all government buildings that the general public is allowed access to. What isn't so clear in my mind is that private businesses like restaurants should be required to comply with accessability laws. Personally I think it's certainly in their financial interest to do so, but I disagree with the idea of forcing them to comply by threat of law. In the same way, I don't agree with the idea that a private business like an airline should be forced to change web pages by threat of law. However, they do have what ammounts to a government granted oligopoly, so maybe that would be fair. Of course, that wouldn't be the logic used to justify it, so it would still spill over into places it wouldn't be justified. Sigh.

  16. They also forbid browsing,linking, spidering, etc. by Nicopa · · Score: 5, Interesting

    In their terms and conditions "Southwest Airlines" also state that they forbid "deep linking", using robots to spider their site, or just using any program to get their pages.

    In fact, their license seems to forbids the use of any HTTP user agent to "acquire" some of their pages. Beware, by browsing their site you are risking to get sued =).

  17. About time by Eol1 · · Score: 5, Interesting

    About time. I used to be a lead web developer at a US public university and was delegated by my director to provide accessability for all regardless of physically handicaps. After a couple years of doing this, developing in this manner became second nature and even as a nonvisually disabled person, I became more and more annoyed by sites that just didn't care.

    It amazing me at the lack of professionalism in the web developer community for not addressesing this issue w/o legal being required to. It takes all of 15 minutes to run your site through bobby and the learning curve for meeting the W3C WAI guidelines is low. To not take the little time out of your unimpaired life to make life easier for others amazes me. Especially when 70% of it is just following good web coding practices (eg non-visual cues, alt tags, not using/requiring javascript/flash, using aural spreadsheets, etc etc). People seem to think that you can't design a site not using these items or that their site will be ugly / not satisfy the client. Both are wrong. Often you can use nice visual ques AND provide a seperate or alternate site for visually impaired people. Or just layout your site so even without visual ques, it is still usable. They aren't asking for amazing aural sites, they are asking for FUNCTIONAL aural sites. As for extra cost and time you spend designing these feature, bet that time is a hell of a lot cheaper that the multimillion dollar lawsuit you can/might get slapped with.

    Trying surfing the net with lynx for an entire day, see usable it is. After thinking how bad that is, try downloading / buying your favorite aural browser for a real eye opener. Its not pretty. Now try doing that your whole life.

    --
    De Oppresso Liber
    1. Re:About time by starseeker · · Score: 2

      "It amazing me at the lack of professionalism in the web developer community for not addressesing this issue w/o legal being required to."

      The problem is, many websites are not done by professionals. At a public university, for example - you are quite capable of this type of development, but are all the professors, students, etc. who will be putting up pages? Time is rare for professors, who have already many demands on their time, but they will be writing pages related to the university. Where is the line drawn? Where is the legal limit of liability? Who is responsible? I don't know the answers, so these are not rhetorical questions.

      I agree that good web coding practices are a big part of the solution, but look at how many pages don't even properly adhere to the standards for visual display. It's a problem with no simple solution.

      --
      "I object to doing things that computers can do." -- Olin Shivers, lispers.org
    2. Re:About time by ReadParse · · Score: 2

      try downloading / buying your favorite aural browser for a real eye opener.

      I swear I thought that said "anal browser". Nice visual, thanks :)

      RP

    3. Re:About time by cddelgado · · Score: 2, Informative

      Speaking of Bobby...

      If you go to http://bobby.cast.org and enter http://www.southwestairlines.com into the form field, we will find the current problems on their home page.

      Their results Priority 1 problems (Fix these absolutely necessary things. Everyone should do these things"

      • Provide alternate text for images (44 instances)
        * The rule of thumb is that if your image is useless and unimportant, put a space as the alt text.

      Priority 1 user checks (things that cant be checked by Bobby)

      • If you can't make your page accessible, make an alternate version -- so make a simple clean text only page
      • Provide alternate content for each SCRIPT that conveys important information or functionality.
      • If you use color to convey important info, find another way to do so
      • If this is a data table (it's not) identify headers
      • If images are really important, use an extended description
      • If (a data) table has two or more headers, mark them up additionally.
      • Identify the document's language
      • Use simple and straight-forward language.

      Now, this is what they must comply with to meet the bare minimum accessibility guideline.

      The scripts on this page are unimportant and provide no information -- hence no noscript tag. Add alt=" " to all of the spacer images. They have no data tables, they're all for layout. To identify the language of the document, all they need to do is specify body lang="en" ... that's it. (They might need to add span lang="es" for the "Haz clic aqui" button.)

      That's one page down. Forms are a little harder, but I do not see a single thing that would cause undue stress or harm to their web team. So they made a mistake and didn't do some basic things -- that's okay. So here's what's wrong guys -- just fix it already.

      --
      You are now reading my sig. Do you enjoy it?
  18. Re:Just wondering by kingofnopants · · Score: 2, Funny

    Fourteen.

    --
    Disco Stu was talkin' to you.
  19. What about me??? by teslatug · · Score: 2

    I can't see, hear, or feel anything with my fingertips.

    [Ed. I am actually a trained monkey typing this for my master. Man those bathroom monkeys don't know how good they have it. I'd like to see them have to keep up with Slashdot]

  20. Solution: Pick up the phone by Mnemia · · Score: 2

    Why do these people feel the need to reach for their lawyers before even using common sense? What on earth is the point of voice-accessible websites for an airline when virtually ALL airlines provide 24-hour a day toll-free phone numbers where you can talk to a real person and/or use an automated system to do everything you can do on the Web?

    I know that some airlines charge more for reservations not made online, but that could easily be waived for the disabled if they didn't have another option. It just seems nuts to me to try to force a company to spend millions of dollars that will be passed on to all the other customers for something that is a non-problem. The airlines already have voice information - on the original voice communicator - the PHONE! ;)

    1. Re:Solution: Pick up the phone by SoupIsGoodFood_42 · · Score: 2

      And where is the blind person going to get the number from? And that's not supposed to be a smart-ass comment. I want to know. Are there places you can ring up etc?

    2. Re:Solution: Pick up the phone by BradleyUffner · · Score: 2
      "And where is the blind person going to get the number from? And that's not supposed to be a smart-ass comment. I want to know. Are there places you can ring up etc?"

      Step 1: go to phone
      2: push '0'
      3: Say "Hello operator, can you please connect me to ?"
  21. competitors by M@T · · Score: 2


    I'd be thinking this is a good time for one of Southwest's competitors (are there any? NB: I'm not a yank) to do a quick hack and start offering a site accessible to the blind... ..nice low cost media campaign for the duration of the lawsuit resulting in good press and potential customers - blind or otherwise.

    --
    'sapientia potestas est'
  22. 2 Birds With One Stone... by MBCook · · Score: 2
    Good for them. I'm not blind, or disabled in any way (unless lazy is now a disability). I think that this is a good thing. Now while they shouldn't be allowed to sue small website (like my personal site, if they wanted), I see no problem with letting them sue large stores over their websites. Just because someone is blind (which is next to never their fault) doesn't mean they shouldn't be able to shop online too. Sure you could argue "they could get a sighted friend to do it for them", but the point of the ADA was so that you wouldn't need to have some friend near you all the time to do everything for you, correct?

    OK, you've read that little raint, so what's the second bird? I am getting very tired of websites that use flash and images for everything on the page. They take a long time to load, they're slower, you can't copy text from them, and you can't view them is text-only browsers. Many of these sites don't even look right on moderatly new browsers (like the 3.x and 4.x serires of IE). Lawsuits to benefit a small group of people can be good for everyone sometimes.

    PS, this is all IMHO. I don't mean to offend anyone with this. Somethimes these things can be touchy subjects. Blah blah blah...

    --
    Comment forecast: Bits of genius surrounded by a sea of mediocrity.
    1. Re:2 Birds With One Stone... by Nathaniel · · Score: 2
      "Now while they shouldn't be allowed to sue small website (like my personal site, if they wanted), I see no problem with letting them sue large stores over their websites."

      Perhaps I'm just a bit unclear on the concept. Can you help me understand why you think it's okay for someone to require something of a large and successful organization that they cannot fairly require of a smaller organization.

      Is this sort of a 'price of success' thing?

      I'd be really interested in hearing an explaination of the logic that supports placing a requirement on one group that cannot be fairly imposed on another group.

    2. Re:2 Birds With One Stone... by SoupIsGoodFood_42 · · Score: 2
      No. It's called 'trying to make the world a better and caring place'.

      If you were an anarchist, then maybe you would have a good point.

      You live in a democratic, capitalist society. And unless you are will to to change it, you have no point, You have accepted it, and you have to take the good with the bad.

    3. Re:2 Birds With One Stone... by Nathaniel · · Score: 2
      You said:
      "Now while they shouldn't be allowed to sue small website (like my personal site, if they wanted), I see no problem with letting them sue large stores over their websites."

      Then I ask:
      "Can you help me understand why you think it's okay for someone to require something of a large and successful organization that they cannot fairly require of a smaller organization."

      And you said:
      "No. It's called 'trying to make the world a better and caring place'.

      If you were an anarchist, then maybe you would have a good point.

      You live in a democratic, capitalist society. And unless you are will to to change it, you have no point, You have accepted it, and you have to take the good with the bad."

      I'm still confused. You seem to suggest that it would be okay to require a concession like fixing web pages from Southwest, but not okay to require the same concession from the independant bookstore on the corner.

      Was that what you meant?

      If so, how do you justify requiring something of Southwest that you wouldn't also require of every other private business?

    4. Re:2 Birds With One Stone... by MBCook · · Score: 2

      That other reply to this comment wasn't from me. Yes this is a bit of a price of success thing. A large company like Southwest can afford to do this, but a little mom-and-pop shop might not be able to. This is the same reason why a little tiny store with 2 employees is not requied by law to have a handy-capped bathroom, reserved parking for the handy-capped employees, and have at leasy X% of emploies be a member of a minority. If the place is small enough forcing them to comply could cause them to go out of business.

      --
      Comment forecast: Bits of genius surrounded by a sea of mediocrity.
  23. Re:Yet another thing to think about by Millennium · · Score: 3, Informative

    That's what standards are for.

    Truth be told, if the browser makers and page designers would get off their collective rears and support the standards right, there wouldn't even be a need for screen readers. You'd be surprised at just what HTML and CSS can do for layout; they far surpass anything tables can do, in a browser that actually knows what it's doing. And yet, if you structure your text in a sane, structural manner, an aural browser won't even need to read the screen; it can just speak the text outright. There's even a section of CSS which can be used to alter voice, position, and other aspects of sound.

    Luckily, the browser makers are finally starting to get things right, even if they're four years late. Perhaps eventually the Web will recover from the bastardization of HTML that came with the advent of 4.x browsers and table-based layouts. The sooner this happens, the better for designers, users, and everyone else.

  24. It's not that hard by rakeswell · · Score: 3, Interesting

    A couple of years ago, when I was in production support, I had to respond to our VP level concerning complaints from our clients who could not use our site with the standard screen readers. This was a novel issue to me at the time and I quickly familiarized myself with screen reader technology and the W3C's accessibility quidelines.

    I suggested that it would not be a terribly huge undertaking to bring our site into a minimum level of compliance. Nope, this was deemed too costly relative to the small segment of our clientele who were disabled. Failing that, I suggested that we could simply ensure that all new development going forward implemented the accessibiltiy guidelines.

    Well, two years and a new redesign later, and this still hasn't been implemented. I mean, how hard is it to include accessibility in the business requirements for the new development being farmed out?

    Here's a web app that validates a URL against the W3C's accessibiltiy guidelines.Most sites will generate a ton of errors, but you'll also notice that this accessibility boils down to simple things like using *correct* html, making sure you supply text in alt and title tags, etc.

    I'm not certain, but I think accessibility concerns was a reason that has caused the W3C to want to deprecate the use of framesets: screenreaders have a hell of a time trying to present essentially two different documents at the same time with any level of coherance.

    --
    All one has to do is hit the right keys at the right time and the instrument plays itself. - Johann Sebastian Bach
  25. This is a different problem from physical access by starseeker · · Score: 3, Interesting

    I don't know how the law is written, but the technology problems to handle in such a case are highly nontrivial.

    Consider. We have plenty of trouble now with websites which can only be viewed in one browser. This is visual display, mind you, which the vast majority of browsers are built to do by default. We can't even follow the standards well enough to handle the default access method well.

    Now, we add a whole new method of content rendering. We can't even impliment the main standards properly. How do we plan to ensure that an audio interface can successfully read a website, as well? Keep in mind that this is not what the web was originally designed to handle.

    Then there is the problem of economnic considerations - without a simple standard in widespread use, implimenting an audio interface becomes costly. It is desirable for handicapped people to be able to participate, but statistically they represent a fraction of the viewership. There won't be money in it, so companies aren't going to be happy about it. This will inevitably show up in the final result.

    Finally, and this is perhaps the most difficult point - how do we update the truly staggering amount of content already out there, much if unskillfully written and poorly maintained in the first place?

    Total access is a good goal, but the technological tools just aren't robust enough yet to handle it. The law needs to take that into account - this isn't a matter of adding a ramp, lowering telephones, handicapped parking or other straightforward and easily solved problems. Audio internet is a HARD problem, converting content on the internet is even harder, and it's just not going to be happening in the short term.

    In the end I think it is a good one to solve, both for the sake of those who need it and the fact that a more robust audio structure on the internet is likely to have many other benefits, as well. But that kind of work takes years and years. I don't know if the legal system will be able to figure that out.

    --
    "I object to doing things that computers can do." -- Olin Shivers, lispers.org
  26. Re:All Sites by danalien · · Score: 2, Insightful

    no, not all sites *i want to say*.

    I recon it's like IRL: that every one should have the same opportunities like the other. Meaning that someone (a disabled, blind in this case) shouldn't somehow be discriminated someway (like not beeing able to access a public place, or site in this case).

    From what I know this rule applies here in sweden to all public [access] places...and ends at your home.

    Here are a few examples (where it [should] applies): Schools, Banks, any-sort-of-Stations & transportation, postoffice, restaurants, airlines, airports, airplanes, companies (!$ms too), malls, the beach, ya' you get the idea...

    ..and I recon he sues the airline because he feels (somehow) discriminated that he can't use the same public site as you do... to book his ticket.
    I interpret his claim as "all physical public [access] places with internet sites/service should comply by/with ADA".

    So you can feel safe you won't don't get sued to have to modify your personal-p00rn site, nope : )
    [*hum... wonder how this applies to PlayBoy.com, and the works...*]

    --
    I don't claim I know more than I know, and if you know you know more than I know, then by all means, let me know.
  27. The legal profession. [OT] by rjamestaylor · · Score: 2
    This reminds me of a little doodle I did with MS Photo* (forgot the name) back in 1999..."We Bend Rules. Do you? Need some rules bent? Click here--Law.com".

    I wasn't trying to make a spoof banner ad that nailed the ethics of the legal profession, but there ya go.

    --
    -- @rjamestaylor on Ello
  28. Different technologies for different skill sets by KFury · · Score: 5, Insightful

    I use the web when interacting with Southwest because I can get the data I need faster visually than aurally.

    If someone's blind, it would seem only fair that southwest has the option of providing them with a dedicated, live concierge to help them with all their questions. That's why they can CALL 1-800-IFLYSWA.

    The ADA is intended to make sure that people are not disenfranchised by their disability, and in this case the person is not, since they cn accomplish the same task via a means that SWA has provided for them that is compatable with their abilities. The *only* caveat I would make is that if they show they are blind, they should be able to get the double-points and internet-only fares afforded to those who frequent the site.

    This particular lawsuit is as ridiculous as a person in a wheelchair suing for there not being a stair-climing inclinator when there's an elevator down the hall.

    I'm all for blind readability on sites without an alternative, but if it's a service operation where you can accomplish tasks via phone, then I believe that that is a solution to the mandated requirements.

    1. Re:Different technologies for different skill sets by naasking · · Score: 2

      If someone's blind, it would seem only fair that southwest has the option of providing them with a dedicated, live concierge to help them with all their questions. That's why they can CALL 1-800-IFLYSWA.

      What if someone is deaf and blind? Are they SOL? An alternate phone service is not the answer. The website should be designed to comply to standards which work in all sorts of media, including brail machines which would accomodate the deaf and blind person.

    2. Re:Different technologies for different skill sets by KFury · · Score: 2

      "What if someone is deaf and blind? Are they SOL?"

      Not at all. Southwest provides TTY access: 1-800-533-1305

      Now if they're deaf, blind, and paralyzed below the neck, they may have a harder time of it.

    3. Re:Different technologies for different skill sets by ChaosDiscord · · Score: 2
      That's why they can CALL 1-800-IFLYSWA. ... The *only* caveat I would make is that if they show they are blind, they should be able to get the double-points and internet-only fares afforded to those who frequent the site.

      I'm kinda curious how someone would go about showing that they were blind over the phone...

    4. Re:Different technologies for different skill sets by ErikZ · · Score: 2

      If they're deaf and blind, aureal browser compliance isn't going to do them much good.

      --
      Democrats or Republicans. They are both taking us to the same place and they are not afraid of us anymore.
    5. Re:Different technologies for different skill sets by naasking · · Score: 2

      Hence why I mentioned brail machines.

    6. Re:Different technologies for different skill sets by naasking · · Score: 2

      Wouldn't it be cheaper to design such a single site which could be used and read by all manner of devices site instead of providing a plurality of services?

    7. Re:Different technologies for different skill sets by KFury · · Score: 2

      "Wouldn't it be cheaper to design such a single site which could be used and read by all manner of devices site instead of providing a plurality of services?"

      You'd think so, but no. It's not cheaper.

    8. Re:Different technologies for different skill sets by naasking · · Score: 2

      Really? I designed my homepage in a few hours and it has required zero maintenance since then. It is viewable and useable in all browsers and has no reason not to work in all other devices I can imagine. All it has cost me is my DSL connection. You're telling me that's more expensive than reserving and maintaining multiple 1-800 numbers and specialized programs operating on dial tones?

      Granted their pipe to the net would have to be faster, but I'm sure it would be easier and cheaper to maintain one service with multiple front-ends than the multiple services catering to specific audiences (website, phone service, TTY service, and God knows what else).

    9. Re:Different technologies for different skill sets by KFury · · Score: 2

      I'm telling you that it's easier and more cost effective to support customer service reps and TTY lines than to create and maintain a site that is both visually appealing and best-of-breed for the average use, while still having full aural and braile compatability.

      Your home page is several orders of magnitude less complex and less frequently modified in ways that were unanticipated at design time than that of Southwest's web site. you're comparing apples to oranges.

      Having designed and built ecommerce sites for Levi Strauss, Segasoft, and Petstore.com, I can tell you that when it's legal, it's less work and less money to support users with disabilities using the modes they already have to facilitate them, such as telephone support and TTY.

      If this wasn't the case, then the ADA wouldn't need to mandate cross-compatability with aural and braile browsers, because people would just do it anyhow.

    10. Re:Different technologies for different skill sets by naasking · · Score: 2

      Your home page is several orders of magnitude less complex and less frequently modified in ways that were unanticipated at design time than that of Southwest's web site. you're comparing apples to oranges.

      Which is why it only took 1 person a few hours. This is my point. 5 designers working for a few weeks (or months) could put together a far more complex site yet still manage to be useable by multiple devices.

      If this wasn't the case, then the ADA wouldn't need to mandate cross-compatability with aural and braile browsers, because people would just do it anyhow.

      Momentum is funny that way. It convinces people that the way things are done, are the best and easiest way they can possibly be done.

    11. Re:Different technologies for different skill sets by KFury · · Score: 2

      sigh...

      Of course the site itself is orders of magnitudes more complex, but what I'm talking about is on top of that. Putting in alt tags is one thing, but having to merge the creative vision of a visual designer with a layour that's table and/or css friendly to both visual and aural browsers is no easy task, especially when you're talking about more than flat-page interaction, but are adding multi-step features into the mix, and a design that can change quickly beyond the original specifications.

      As for your comment about momentum, well, frankly it's malarky. People in the tech sector don't work they way they do because everyone else works that way. People work the way they can when balancing costs, needs, timeframes and capabilities.

      I'm a usability researcher and damnit I'd love to be able to have the luxury of executing the full 14 stages of usability design and evaluation on every single project, but unless they gave me 18 months per project (instead of 4), and funds to conduct the proper evaluations, I do what subset I can to maximize what resources, time, and money I have to work with.

      The ADA is there to make sure people with disabilities aren't disenfranchised. that doesn't mean the blind get free experimental retinal implants. It's about compromises. If we were talking about a site without a telephone parity version, I'd agree that it would have to be compliant, but I strongly feel that when using a tool like SWA's web site, the telephone and TTY services are a valid way of creating compliance. That functionality was there to meet ADA requirements before Southwest even had a web site, and just because another avenue was added to purchase tickets and check flights doesn't negate the work that Southwest has done to meet ADA laws from its inception.

    12. Re:Different technologies for different skill sets by naasking · · Score: 2

      I don't doubt that the other services produce compliance with ADA except for the special offers/prices/benefits available only on the web. That simple fact makes this a little more questionable, but moving on...

      I wasn't questioning that they were probably in comliance, I was simply disputing the statement that it's cheaper to setup and maintain multiple services than a single web service which is useable from multiple devices. It is a matter of thinking outside ones usual limited scope of "good design" and approaching the problem from higher perspective. Look at Google for example. No flashiness, no "higher creative vision" than simple usability. Honestly, what more do you need? You can make a professional, polished site without the flash and glamour, so why does it need to be there in the first place?

      Secondly, the look, layout, whatever you want to call it, is not orders of magnitude more complex than my homepage. You are still stuck in "old school" web design patterns. The interactions between all the pages, the sophistication of the ordering system, etc. is far more complex, but that functionality is completely orthogonal to the way it is presented. And you can make a professional look with just CSS (look at alistapart.com, happycog.com, verybigdesign.com, etc., etc.)

    13. Re:Different technologies for different skill sets by KFury · · Score: 2

      I was simply disputing the statement that it's cheaper to setup and maintain multiple services than a single web service which is useable from multiple devices.

      But they wouldn't be in compliance if they had a single webiste that was ADA accessable to the blind, deaf, etc, at the expense of offering TTY support.

      As long as they have operators, they have to have operators for the deaf. Since it's in the interests of Southwest's profit model to have access on the web as well as access that doesn't require a computer, they will have phone operators whether the ADA exists or not.

      They would, however, be far more succeptable to a successful ADA lawsuit if they only offered disabled access on the web, since it means that blind and/or deaf without special computers wouldn't be able to use their services.

      Telephones are the lowest common technological denominator. Requiring a disbled person to have and be able to use a computer is not the right answer.

    14. Re:Different technologies for different skill sets by naasking · · Score: 2

      I agree that at this particular juncture the plethora of services is still necessary (unless they cut out phone services altogether) since everyone and their uncle uses all sorts of different technologies to communicate. But (hopefully) it won't always be this way.

      The internet is the future for of business transactions, and a properly designed webservice is pretty much all you'll need to communicate using any sort of device.

    15. Re:Different technologies for different skill sets by KFury · · Score: 2

      Some day everyone will have Danger Hiptop Sidekicks, in visual, braile, and voice.

      and it will be good...

  29. Sure hope you try this. by BoomerSooner · · Score: 3, Insightful

    Check the "Phone rates" versus the "Web rates". Then you may understand why. Hell I book every hotel online then call 5 minutes later to make sure it's in their system (saves around 50%). If you don't think the web is becoming a necessary part of life just try living without it for 1 month. I for example couldn't for 1 day because I make my living developing online systems.

    Like a previous poster said, I look back on they days of Netscape 2 with envy. One set of html to follow and little fluff. Oh well, now I just sound like my grandfather.

    1. Re:Sure hope you try this. by Reziac · · Score: 2

      Actually, I use Netscape2 as a quick check against how my sites look in older AOL, WebTV, and similar browsers. And I use Mosaic 0.99 to check how they degrade in lynx and similar text-type browsers. I figure if the layout gets wonked, that's not so bad, so long as the text can still be followed.

      And tho I have a bunch of newer browsers installed, I still use NS 3.04 as my everyday browser (js and images off) -- by PREFERENCE.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
  30. rational discrimination by Kafir · · Score: 2

    This just a geek-centric example of the way the concept of rights has shifted from meaning "things the government can't keep you from doing" to "things the government must force other people to do for you."

    What people who think that this is a joke fail to consider, however, is the fact that without the ADA in place, businesses can and will discriminate against handicapped people.

    What you apparently fail to consider is that wheelchair ramps don't grow on wheelchair ramp trees.
    If a disabled person can do a job as well and as cheaply as anyone else, no one will hesitate to hire him. To the extent that the disability keeps the person from being hired, it is either because he would do the job less well, or incur costs (e.g. elevators, bathroom remodelling) which would have to be paid by the consumers and stockholders.
    If this is discrimination, it is rational discrimination, making a valid distinction.

    I wouldn't hire a waiter with Tourette's, and I wouldn't hire a waiter who was just clumsy.
    I wouldn't hire a teacher who was mentally retarded, and I wouldn't hire a teacher who was just plain dumb.
    I wouldn't hire a firefighter who was too weak to lift a hose, and I wouldn't hire a firefighter with no arms.

    Why should half of those I named be set apart as protected groups, guaranteed jobs in which they will hurt the rest of society more than they help it?

    I've been talking about hiring, but this is even more true of ramps, remodelings, etc. that are mandated merely for the benefit of disabled customers- those in movie theaters, for instance. If the benefit to the disabled of using those ramps is greater than the cost of building the ramp, it will be worth the theater's trouble to build the ramp, because the disabled customers will be willing to pay enough in tickets to cover the ramp's price. If not, why does the smaller benefit to disabled customers trump the greater cost to able-bodied customers?

    Ah... Ever read "Harrison Bergeron"?

    1. Re:rational discrimination by dattaway · · Score: 2

      Many people may not appreciate the accomodations given to those who have handicaps. My experience is those businesses that follow the codes required for disabled access generally offer better services. The ability of the company to serve all the public greatly reflects its commitment to quality. It really shows in other areas of customer support.

      Its a good sign to see a company that has a caring attitude. Consider the opposite extreme with customer support that are quick to judge customers as morons. Sometimes legal threats are not really threats at all. The company may actually recognize the value of this challenge depsite its economic conflict.

    2. Re:rational discrimination by elmegil · · Score: 2
      I wouldn't hire a waiter with Tourette's, and I wouldn't hire a waiter who was just clumsy.
      I wouldn't hire a teacher who was mentally retarded, and I wouldn't hire a teacher who was just plain dumb.
      I wouldn't hire a firefighter who was too weak to lift a hose, and I wouldn't hire a firefighter with no arms.

      Of course the fallacy of the argument is that the ADA doesn't require you to do any of these things either. But don't let the facts stand in the way of a great emotional argument.

      --
      7 November 2006: The day Americans realized corruption and incompetence weren't addressing 11 September 2001
    3. Re:rational discrimination by mc6809e · · Score: 2

      "I wouldn't hire a waiter with Tourette's, and I wouldn't hire a waiter who was just clumsy.
      I wouldn't hire a teacher who was mentally retarded, and I wouldn't hire a teacher who was just plain dumb.
      I wouldn't hire a firefighter who was too weak to lift a hose, and I wouldn't hire a firefighter with no arms. "

      Of course the fallacy of the argument is that the ADA doesn't require you to do any of these things either. But don't let the facts stand in the way of a great emotional argument.

      If that isn't the pot calling the kettle black.

      Support for the ADA doesn't come from anywhere except emotional arguements. It has nothing to do with principles or reasoning.

      A typical commercial for the ADA went something like this:

      Scene with person in a wheel-chair sees stairs and no ramp.

      A tears rolls down the face of wheel-chair person.

      After which the audience says "something must be done!"

      It must be done by someone else of course, like business owners.

      Okay. So where's the arguement for it? Its all just emotion.

    4. Re:rational discrimination by elmegil · · Score: 3, Insightful
      Where precisely did you see that ad? Can't say I've seen it myself.

      As far as I can tell you're working on more strawmen. Just like the first poster I responded to, which was the MAIN point I was making--it is a fact that the ADA is about access. It is not anything like a fact that the ADA would force anyone to hire a firefighter without arms. Making up arguments that don't exist is known as building strawmen and that is what's wrong here. You have a beef with a real application of the ADA that you think is wrong? Cite it. That's a real argument against it. Quit making up BS arguments against it.

      As for arguments for...the point is that all people have a right to participate in society. If society is set up so that it inherently excludes some segment of people because of 1) active discrimination or 2) passive exclusion, those people have the right to try and get that exclusion corrected. And that's what the ADA is.

      Is the ADA perfect? No. Does the ADA get abused? Just like any other legislation, of course--in a land of a billion lawyers, every loophole in every place it can get someone some bit of advantage gets used. But I think we're better off with it than without. I have deaf friends who I would never have met if it weren't for the access they recieve at the behest of the ADA.

      Nothing in the ADA mandates the more ridiculous strawman arguments used against it, and the only thing that causes the excessive abuses that really do occur is lawyering, not regular people, and not the legislation itself.

      Feel free to argue that it ought to be corrected to prevent the abuses, or to cite real abuses. But until you do, I'm going to assume you're just against it as a matter of conservative ideology rather than actual investigation (i.e. you buy the strawman arguments yourself).

      --
      7 November 2006: The day Americans realized corruption and incompetence weren't addressing 11 September 2001
    5. Re:rational discrimination by catfood · · Score: 2
      Support for the ADA doesn't come from anywhere except emotional arguements. It has nothing to do with principles or reasoning.

      It comes from logical application of values, values that obviously differ from yours.

      ADA opponents like you want to live in a society where you can do whatever you want with your own business.

      ADA proponents want to live in a society where as many people as possible can do normal things like go shopping and work and buy airplane tickets, if it the cost of doing so isn't disproportionate.

      I don't think that makes the proponents irrational or overly emotional. They (we) just want different things from what you want.

  31. No, but it's also a weapon by John+Jorsett · · Score: 3
    Sure the ADA has some good effects. But it's also being used as a tool of extortion against small businesses. An attorney will team up with a disabled person (typically someone wheelchair bound) who will go into a business and find something that doesn't accomodate his disability. The attorney then slaps the business with an ADA suit. Under the ADA, the attorney can bill $275 the moment the suit is filed. Most small businesses can't afford to defend themselves and pay up. Offers to remedy the problem are spurned; only cash will do. Clint Eastwood had this happen to him.

    Things like this are why there's hostility toward the ADA and those pushing it. It's also why there's a move afoot to amend the ADA to allow businesses 90 days to bring themselves into compliance when there's a complaint, before a suit can be filed. Naturally, the plaintiff's bar thinks this is a bad idea.

    1. Re:No, but it's also a weapon by elmegil · · Score: 2

      Sounds just like any other SLAPP suit. Who's to blame? The lawyers, not the ADA. (for the record, I think the 90 day thing sounds like a great idea)

      --
      7 November 2006: The day Americans realized corruption and incompetence weren't addressing 11 September 2001
    2. Re:No, but it's also a weapon by clifyt · · Score: 5, Informative

      Bullshit. Extortion? Do you really know what it takes to be compliant? Not too much. I asked for and received an ADA manual last time I was renovating my office (gov't sent one without charge) and TOLD my employeer we were going to be ADA compliant even if it bankrupted up (not likely, we are a small department in a much larger organization).

      What did it take? We ordered a few signs that had braile on them, made sure the aisleways were wide enough to accomodate a wheel chair and got a few tables that were articulating to accomidate the wheelchairs to get under them. Computer terminals were made it be sure that they had the standard ADA compliant software on them (Windows and Macs come with most of this and most of these folks know how to activate them if they ask).

      Get the problem fixed before hand and you won't have to worry about someone suing you. All in all, it cost me about a grand for the extra equipment AND a disabilities advocate was able to meet with me to make sure we were in compliance as much as possible for free. Since doing this 3 years ago, I've had to accomodate 2 people. Were they worth the $500 a piece that it cost me? Probably not from a profit centered notion, BUT it was money well spent.

      Get the shit done and don't put it off as something to do later, and you won't get sued. If you do and you are sued later, you've made a good faith effort to try to be accomodating. You can't please everyone and you can't expect every situation to be convered but you can try your best.

      clif

    3. Re:No, but it's also a weapon by EarTrumpet · · Score: 3, Informative
      Sure the ADA has some good effects. But it's also being used as a tool of extortion against small businesses. An attorney will team up with a disabled person (typically someone wheelchair bound) who will go into a business and find something that doesn't accomodate his disability. The attorney then slaps the business with an ADA suit. Under the ADA, the attorney can bill $275 the moment the suit is filed.

      Not true. The ADA specifically excludes damages. The most someone can legally get out of an ADA suit is correction of the barrier. Nowhere in the ADA will you find that an "attorney can bill for $275". If your lawyer told you that, you need to find a new lawyer.

    4. Re:No, but it's also a weapon by starseeker · · Score: 2

      Um, I think you missed the point. Namely, that some lawsuits aren't being undertaken for the purposes of compelling the non-compliant business to comply, but to make $$$.

      I agree that making the effort is the thing to do, but even if you do it may not avoid a lawsuit attempting to make money, regardless of the merit of the case. Disability issues aren't the issue, making money easily is. This is just a reason to haul someone with money into court, whether or not they are compliant. Many larger businesses settle just to avoid the fight. Which of course encourages more such lawsuits.

      So your points are valid, but so are his - this issue can and I suspect sometimes is used as a money making device. The real issue with that problem is not the issue under discussion, but the fact that businesses settle rather than fight such cases. That's another discussion, but I'll say this about it - my opinion is that if businesses fought and kept fighting the invalid lawsuits, and only settle when they know they are at fault, things would eventually improve. But there is an up-front cost associated with that course of action which is higher than the cost of settlements. And businesses always seem to think short term, probably their great weakness.

      --
      "I object to doing things that computers can do." -- Olin Shivers, lispers.org
    5. Re:No, but it's also a weapon by bm_luethke · · Score: 2, Informative

      Unfortunatly it's not always that easy. For example, at our local gun club we had a "bubble boy" (I don't remeber the technical name) want to shoot at the range. Since I would bet a large portion here doesn't really fruequent gun clubs I will explain an important detail: they are messy. It's just a part of running one. Unfortunatly it is POSSIBLE to clean one to the point that bubble boy could shoot. Under the ADA, which he filed suit, we had to accomodate him (clean the entier range, provide some form of habitate thing for him, give him exclusive use of the club for a day). The club it self is non-profit: every penny we make is spent back into the club. It has no real assest with which to render a fine from, not enough money to clean to level he needed, and no volunteers to do so (we don't even own the land, we sub-lease from the state who leases from the federal govt). So in the end he dropped the suit though legally he could have shut us down (as complyence was not going to happen and we had no money to he could get from us).

      We do have things such as wheel chair access to everything, we have had in the past one paralyzed person shoot (and they were damn good shot also) and several people with legg problems. Those types of requests in most cases are reasonable and should be inforced (ours were built well before the ADA was passed) but bubble boy was not really a good use of the law(he apperently found another club with deeper pockets to sue).

      If all complience meant was what you stated above then there would be little complaint (and those cases are not really complained about - most people would tend to side with the disabled: I would). Unfortunatly the law, such as many others (federal wetlands, DMCA, etc) may or may not have had good intentions, but the end results was a VERY broad law that is used in ways the people who passed the law did not intend.

      --
      ------- Sorry about the spelling, I suffer from two problems. Dyslexia makes it difficult to spell well, lazy makes it
    6. Re:No, but it's also a weapon by shepd · · Score: 2, Informative

      >We ordered a few signs that had braile on them

      Easy to do. Easy to miss one. Even by accident. Ooops... Men's room has a braille sign, but the ladies doesn't? You're screwed.

      >made sure the aisleways were wide enough to accomodate a wheel chair

      I guess you've never worked in a heritage building before. Or one with cinder block walls. This can be damn hard and expensive, and depending on the business and the amount of hallways, could be handled by the disabled person asking a salesclerk "I'd like to look at the xyz over there...".

      >and got a few tables that were articulating to accomidate the wheelchairs to get under them.

      Not too bad.

      >Computer terminals were made it be sure that they had the standard ADA compliant software on them

      Great... so now a company running an AS/400 has to throw away all the dumb terminals and buy an expensive and non-functional windows system. The Banks would be pleased at this, I'm sure.

      >You can't please everyone and you can't expect every situation to be convered but you can try your best.

      And when you don't please everyone you get sued. Yaay...

      --
      If you could be told what you can see or read, then it follows that you could be told what to say or think - BoC
    7. Re:No, but it's also a weapon by YU+Nicks+NE+Way · · Score: 2

      The problem with this is simple: the only lawsuits permitted under the ADA proper are to force compliance. Money damages aren't allowed.

  32. Do Porn Sites Have to Be ADA Compliant too...? by Ron+Bennett · · Score: 3, Funny

    How would porn sites comply with this??

    Porn in braille...is there such a thing?

    Ron

    1. Re:Do Porn Sites Have to Be ADA Compliant too...? by PhxBlue · · Score: 2

      Of course. Porn in braille is what you do after you turn off the lights.

      --
      !#@%*)anks for hanging up the phone, dear.
  33. There's a quite a differnce. by Ted_Green · · Score: 2



    "Does this mean I am going to go out and sue all glove makers because they don't make a right hand glove with no thumb? No. That is plain stupid."

    Yes, that would be plain stupid. It would also be irrelevant to the topic at hand.

    A person with a disability in our nation has a right to access public and publicly provided services under the ADA.

    This is about preventing someone from making use out of a given service, a service mind you that they are fully capable of receiving, because of their disability.

    Your example is incorrect. You can still wear and purchase the glove. If however (entirely hypothetical situation) the glove makers required that you give a thumb print before the purchase then there would be grounds to sue.

    "The term disability means, acording to Dictionary.com [dictionary.com]
    2. A disadvantage or deficiency, ...
    3. Something that hinders or incapacitates.
    Why can we not accept that there are things that we cannot do and not sue others while pretending it is someone else's fault that we have a disability. "

    Again. We do accept there are things that some can't do.
    What we don't accept is that there are things that someone *could* do, but isn't able to gain access to because the service is provided in a way that hampers on their disability.

    "Are these (the ADA) the people that made it so that there is Brail on Drive up ATM machines?"

    No. I suspect that the banks likely did that. As the component parts for one ATM fits for another (and other parts too), and its cheaper to just make one key set for all ATMs, than it is to make one for the blind, and one for everyone else.

    For the record I know of one person who uses a local ATM and happens to also be blind.

    1. Re:There's a quite a differnce. by aallan · · Score: 2

      A person with a disability in our nation has a right to access public and publicly provided services under the ADA.

      Okay, I'm not an American so maybe i'm just missing something fundamental here, but... but surely Southwest Airlines isn't a publicaly provided service? Isn't it just another private company? To us Brits a public service is something the government does, such stuff comes under very different laws to private individuals or companies providing services, even is the service is identical to that provided by the government.

      This is about preventing someone from making use out of a given service, a service mind you that they are fully capable of receiving, because of their disability.

      Anyway, surely Southwest have a telephone booking service? Wouldn't this satisfy the law? Why does the guy have to be able to use the website if he has access to the same service(s) though different means?

      I'm just basically confused how this suit could have any basis at all!?

      Al.
      --
      The Daily ACK - Eclectic posts by yet another hacker
    2. Re:There's a quite a differnce. by Ted_Green · · Score: 2

      Confusing use of word choice on my part.

      When I say publicly provided service, I mean a services provided to anyone in the public, (it can be provided by a private firm).

      Publicy provided services and public publicy provided services.

      My bad, on the poor word choice.

      ---

      The suit has basis under the ADA.

      Though you raise a valid point. If the services the website provides can be accessed over the phone, then the suit might not be valid. However, if there are services on the website that aren't accessable over the phone there is little doubt in my mind that the website isn't compliant with the ADA.

      If you're curious about the ADA and how it effects the net here's a good paper:

      http://www.cs.utexas.edu/users/saad/cs370/paper/ le gal_final.html

    3. Re:There's a quite a differnce. by Blkdeath · · Score: 2
      Okay, I'm not an American so maybe i'm just missing something fundamental here, but... but surely Southwest Airlines isn't a publicaly provided service?
      This is what I've been wondering through this thread. To what degree should a PRIVATE firm be forced to change their business to accomodate customers in sectors they just might not want to accomodate?

      Let's say my boss didn't like Ford motor products. (We do live in a GM town, it's feasible). Shouldn't it be his right as a business owner to refuse to sell computers to Ford employees, or people who drive Ford vehicles? What if he didn't like smokers so much that he decided not to service or sell to them?

      If he was a fundamentalist christian and decided not to sell computers to people who hadn't heard the word, isn't that his right? On the flip-side, if he was a devout atheist and didn't care to sell to religious people, can't he?

      (I'm so going to be attacked for this, but ... ) why can't he refuse to sell to black people, or Indians, or any other cultural group? (Since our area is so multi-cultural, it would be suicide, but still)

      Now if he doesn't want to go through the difficulty of accomodating people with physical disabilities, why should he? Do they actually have a right to buy a computer from us?

      We get no public funding, and in fact send the governments (federal and provincial) several rather tidy cheques every few months, and our landlord sends them a set of fairly large property tax cheques per year to boot.

      (My thoughts, of course, are my own. Neither I or my employer discriminate against anybody, or any group of people.)

      --
      BD Phone Home!

      Shameless plug. Like you weren't expecting it.

    4. Re:There's a quite a differnce. by zenyu · · Score: 2

      This is what I've been wondering through this thread. To what degree should a PRIVATE firm be forced to change their business to accomodate customers in sectors they just might not want to accomodate?

      There are rules on these things in the US. There aren't that many. Basically it comes down to not discriminating based on race, or religion. And not to discriminate based on sex unless you have a reason; nor old age or disability if it can be accomidated for at minimal cost. I've seen the number $2000 tossed around.

      Of course states can add to these rights, like a few don't allow you to descriminate against gays. These rights are respected within the state unless they contradict some other right like speach or privacy. If you sell your house to a white person over a black person offering more and never say race is the reason then it's ok. If you start a christian hate group like the KKK or the Boy Scouts of America then you can exclude jews.

    5. Re:There's a quite a differnce. by Blkdeath · · Score: 2
      There are rules on these things in the US. There aren't that many. Basically it comes down to not discriminating based on race, or religion. And not to discriminate based on sex unless you have a reason; nor old age or disability if it can be accomidated for at minimal cost.
      But re-designing a corporate website sounds like it will come to somewhat more than 'minimal cost'.
      I've seen the number $2000 tossed around
      $2k buys a 15-page small business website. This is an airline we're talking about here with a (presumably) complex online ordering system. We're talking tens, or even hundreds of thousands of dollars to re-design the whole thing, and in all likelyhood, compromise in some way or another to accomodate the blind.
      or the Boy Scouts of America
      {twitch} Don't remind me. Here in Canada, it's now (supposed to be) called "Scouts". See, it's discrimination to disallow females from entering a group, but acceptable for a female group to disallow males to enter their group. See, if a single female applies to a troop, the onus is then on the leaders to find a female leader, and change campsite layouts. See, females must have their own, separate bathroom facilities, and female tents must be no less than 60 feet away from the male tents. When you're in the bush and your toilet is a trowel and TP in a baggie, you keep your tents in a close circle (or shelters, if we're being really mean to the guys..er.. scouts) these things become difficult. See, if there are two-three members of the group seperated by 60 feet, they become vulnerable targets for wild animals.
      --
      BD Phone Home!

      Shameless plug. Like you weren't expecting it.

    6. Re:There's a quite a differnce. by dbrutus · · Score: 2

      In this case, it seems like its just filling in alt tag values for the relevant images. This is almost tailor made for a victory as we're not really talking about a redesign. Coincidentally lynx users would also be thrilled.

    7. Re:There's a quite a differnce. by Isofarro · · Score: 2
      This is an airline we're talking about here with a (presumably) complex online ordering system. We're talking tens, or even hundreds of thousands of dollars to re-design the whole thing,


      Accessibility is about the presentation of content. So the back-end system does not need to be changed, just the layer that wraps up the content into an HTML page. If you seriously need to rewrite the entire application before it can be made accessible, then that is because of incompetance.

      Accessibility isn't expensive or difficult. Anyone with common sense can do it.
  34. Good god -- by nyamada · · Score: 5, Insightful

    I'm amazed at most of the comments.

    Before people flame the ADA and access to the web for the blind, they should remember that they too could become blind someday.

    The web and HTML were created to make information _more_ accessible to people, not less. Good coding for the web is supposed to ensure that people with _any_ type of browser can get your content, not just people with IE+flash. It's not very hard to make your sight accessible for the blind -- just use well-formed HTML or the new flash accessibility extensions.

    The more accessible the web is for all of us, the better we all are.

    1. Re:Good god -- by tshak · · Score: 2

      Before people flame the ADA and access to the web for the blind, they should remember that they too could become blind someday.


      Great point - always put yourself in someones elses shoes. If I go blind and need to order plane tickets I've decided that I will use this special device called a PHONE. The web is a PRIMARILY VISUAL medium. Why would I, a blind person, expect to experience it in even a fraction of the way a seeing person can? I'll admit that for both the phone and web there are utilities to help the hearing and visually impared respectively. However, when you have a disability you should use the medium that makes the most sense, not expect businesses to invest millions in making a medium something it's not. The web should be accessible and should be w3c compliant so that text-to-speech systems (etc.) work well. However, beyond standards compliance I don't think a business should be forced to make the web something it's not. Southwest airlines has a toll-free phone number. I'm sure a blind person can order tickets very easily just like the majority of other customers who still use that medium.

      --

      There is no longer anything that can be done with computers that is nontrivial and clearly legal. -- Paul Phillips
    2. Re:Good god -- by WhaDaYaKnow · · Score: 2

      It's not very hard to make your sight accessible for the blind

      Ouch, baby. Very very ouch.

      (hey, I agree with you but this unfortunate spelling mistake is just too funny)

  35. Who's fault, another spin by phorm · · Score: 5, Insightful

    He is being denied access to a store/site because he is blind

    This is fairly stongly worded. You might want to s/denied/not able to attain, because there is no active attempt to disallow entry to the site. The company hasn't made provisions for this special group

    But, you could also spin it off the be the fault of the screen-reader. One could state that the company designing the screen-reader product did not make it work with the increasing graphic standard, perhaps by adding an advanced OCR, etc. Maybe a brail-reader based on color depth.

    It's fine to say that disabled individuals are not able to use this site and are losing out. But this could set a bad precedent making all companies with graphical type sites liable. How many major sites now use flash, can the screen reader translate that? It would also suck if this set a precedent so that even my little site had at to conform to blind-compatible standards (I do, however, try to use text when possible for lynx compatibility etc)

    The major point is, while much information is being presented in a textual format, the internet is moving towards towards a more visually stimulating form of presentation. People with vision impairment are going to lose out a lot from this, but not everybody will think to account for all such special cases, especially when gearing towards a more flashy and potentially better selling presentation.

    Can we really expect that text-based support is going to be around forever? In a decade, will an increasingly visual medium be forced to retain non-visual support?

    A lot of people will probably be tempted to say "I'm sorry, I understand your loss but why should it also be mine." It's in a way a selfish attitude, but it's also somewhat logical in current society.

    Well, time to go back to text-based internet - phorm

    1. Re:Who's fault, another spin by Dyolf+Knip · · Score: 5, Insightful

      I'm as annoyed by all-Flash sites as anyone, but the absolute last thing we need is yet another inane law dictating what you can put on your webpage.

      --
      Dyolf Knip
    2. Re:Who's fault, another spin by gorilla · · Score: 2

      Flash 6 or Flash MX will integrate with one of the two most popular screen readers. However, the flash author still has to add in the appropriate text, it doesn't appear from nowhere.

    3. Re:Who's fault, another spin by Isofarro · · Score: 2
      because there is no active attempt to disallow entry to the site.


      • Invalid html
      • Images with no alternative text
      • Tagsoup tables with no clear layout
      • Form items without proper labels
      • Javascript mandatory


      These all strike me as "active attempts to disallow entry" - the only question is whether it is negligence or ignorance.

      But, you could also spin it off the be the fault of the screen-reader.


      You'd have to first prove that the device couldn't handle valid html as specified in the HTML recommendation. You'd have a much better chance suing Microsoft for their botched implementation of the CSS box model in IE5.

      Can we really expect that text-based support is going to be around forever?


      Considering more books are sold today than before the advent of television, the obvious answer is YES.
    4. Re:Who's fault, another spin by ChaosDiscord · · Score: 2
      The major point is, while much information is being presented in a textual format, the internet is moving towards towards a more visually stimulating form of presentation.

      The problem with the Southwest Airlines web site was that there was too much porn? I'm totally changing my airline preferences. :-)

      Can we really expect that text-based support is going to be around forever?

      Yeah, like that archaic text-basic support for news media. What were they called? Mewspapers and Nagazines? Something like that. I even faintly remember text-based movies. Books, I think they were called.

      More seriously, most of the web is likely to remain text. It's easy to create, cheap to replicate, and efficent to gain information from. If most of the content is going to stay text anyway, it's really quite easy to keep that text friendly to a wide variety of situations (screen readers for the blind, braille consoles, the cruddy interface on my cell phone, lynx when I need simple browser in a pinch). Putting text only in a graphic or in a flash applet is just silly and harmful.

    5. Re:Who's fault, another spin by phorm · · Score: 2

      Thank you for saying this without making your reply into a flame. Most other reply-posts were blowing torches out their backsides by now.

      Alt-tags are good. All flash is bad. JavaScript-required is bad. My linux machine doesn't have a GUI, it uses lynx (well, links), and it really annoys me when I can't view sites (so I definately sympathise with the blind). Text should be available for all the reasons you've mentioned and more. As long as this isn't a money grab, I support the concept of the suit, I just think that lawsuits are a crazy way to make this point. The isn't a monentary amount being mentioned here, so I can't really say whether it's a cash grab (also has to be a certain amount to be noticed), but if you read some of my comments posted since this one, you'll see my reasons why lawsuits are bad.
      And, I'm hoping you'll agree, strongly graphical sites definately do have a place. If I'm visiting a gaming site, it makes me very happy to see flash and lots of graphics (except in the news section, etc).

    6. Re:Who's fault, another spin by ChaosDiscord · · Score: 2

      I can see both sides of the issue. Generally I'm for less regulation not more, and for fewer lawsuits. But it's really frustrating for so many sites to ignore the relatively easy steps it takes to make themeselves accessible. Historically pressure from users isn't enough. There are too many arty webmaster with no concept of usability and accessability.

      And, I'm hoping you'll agree, strongly graphical sites definately do have a place.

      Absolutely. If the graphics are the end unto themselves, it's fine. There are a number of Flash and QuickTime based sites that I enjoy. However...

      If I'm visiting a gaming site, it makes me very happy to see flash and lots of graphics (except in the news section, etc).

      ...sometimes I'd rather just have simple text and minimal graphics. I recently purchased a new computer game that I was looking forward to. I visited their web site to look for any patches and was greated with frames and flash. It was harder to scroll through the framed page and too longer for the flash to download the menus. End result: I was hoping for a quick visit to check if a patch was available, but my visit was much longer and more difficult than I desired. If I was using lynx, I would have been out of luck. Sure, I need to have Windows (And thus Internet Explorer) to run the game, but I chose to use lynx for its speed sometimes.

    7. Re:Who's fault, another spin by Karellen · · Score: 2

      Don't know about you, but I still use links for a lot of web browsing. (It's handy at work, where suits just see a `scary black screen with mostly-grey monospaced text' and assume it's that other `scary black screen with mostly-grey monospaced text' (vim) that I use when I'm actually working. And for the most part, that's fine for me, becuase nearly all the sites I read most (slashdot, the onion, mailing list archives, faqs, rfcs, api documentation, kuro5hin, bbc news, bugzilla, etc...) are text orientated.

      In spite of this `increasingly visual medium', I'll contend that any website that isn't worth reading with a text-based browser probably isn't worth reading with a graphical browser.

      And before you say `But what about pr0n?' - I'll point you at nifty.org, the alt.sex.stories.moderated archive. I prefer it to most visual pr0n sites because the pictures are better! :-p

      K.

      --
      Why doesn't the gene pool have a life guard?
  36. That's not all... by One+Louder · · Score: 4, Funny

    Those bastards at SouthWest don't hire visually impaired pilots either.

  37. I am a blind computer user by rshugart · · Score: 5, Interesting

    OK, let me throw in my two cents both from the perspective of a blind web surfer and a blind website designer. I actually am a user of the technology mentioned in the article, and yes, some web sites can be extreemly difficult to surf. /. itself isn't the easiest in its default state, although it is usable and making some customizations in user preferences does help a lot. From my experience on the whole, if a web site sticks rather strictly to HTML, CSS and the other standards, they're OK. Problem is, very few sites do. An even worse problem is many web designers design their sites using Dreamweaver or some other graphical tool. This seperates them from the HTML itself, and many times they don't know what's going on under the hood. The common mantra among web designers I've noticed is "if it looks right, its right." It is very frustrating running into one of these sites, and the unfortunate thing is, there are many of them.

    Now that I've addressed the technical issues, let's move on to some of the other things that I've been reading about in this thread. I tend to aggree with the common conseption around here that lawsuites are way over used, and many people tend to be way too sue happy, thinking that will solve their problems. But let me ask, in a situation like this, what would you have done? I'm sure this blind person did try to contact the web designer. In fact, as blind people we are instructed to do just that right away when we encounter an inaccessible site. Problem is, very few web designers listen to us. I'm not sure if its intentional, but many of them just do not understand how we surf the web, and are probably under the impression that they have to go way out of their way to modify their pages for a screen reader. Refer to what I said above, that if a page is designed properly, nine times out of ten it will work just fine. OK, so contacting the web designer yeilds no response, so what next? Sometimes there is no other way to get a business to listen other than through its wallet. Very sad, dispicable, but true.

    So, again what is he to do? Assuming this person had contacted Southwest's webmasters (which as I said they should have,) what would you do next? And don't say just not use there services. There aren't enough blind people who have access to the internet in the first place to make it make a difference, and that's just like saying that blacks should just not frequent the businesses that discriminate against them. We all have a right to make use of public services, be them brick and morder or online. And considering how relatively little modification it takes to make a web site accessible (following standards is not hard,) I think that this person may very well have a case against Southwest.

    1. Re:I am a blind computer user by Dalcius · · Score: 2

      Well, it does cost money to build ramps into buildings...

      Although to be honest, I'm not sure which I support. If I put a business website online, I'm going to design it how the hell I want. It's my money, my server, my bandwidth, my time. I pretty much feel the same way about an office.

      However, I'm not blind. I really don't want to be unfair, but I don't think I am. I do not consider myself racist or unfair.

      In all unbiased fairness:
      Can you folks not use the *phone* ?

      --
      ~Dalcius
      Rome wasn't burnt in a day.
    2. Re:I am a blind computer user by Dalcius · · Score: 2

      I should add:

      " Well, it does cost money to build ramps into buildings..." ...and IIRC, that's required by law.

      --
      ~Dalcius
      Rome wasn't burnt in a day.
    3. Re:I am a blind computer user by Dalcius · · Score: 2

      But if the amount of effort needed to make it accessible to the blind is negligible or nearly so (as asserted by the original poster) then it's a no brainer what you should do.

      But should the government or a court tell me to?

      If a blind person told me, "I can't read your website, can you please make this more standard", I would. Not that I'd need to, my websites are all straight up standards, but that's besides the point.

      However, I don't want the government telling me how to run my private affairs. This is not abuse, I'm not intentionally hurting anyone. This is neutrality.

      ---
      And besides, if it's a business then making it inaccessible to certain customers is discrimination.

      I disagree. As I said, this is a neutral act, not an active one. Rejecting a black applicant because of his race is discrimination. Not thinking about making your website blind-compliant is just that -- not thinking. How can not thinking be discrimination?

      As far as denying requests for changes, I still think it's private business--they should be able to run their private business however they want unless they get handouts from the guv'ment.

      --
      ~Dalcius
      Rome wasn't burnt in a day.
    4. Re:I am a blind computer user by Dalcius · · Score: 2

      ...in theory. Not in practice.

      --
      ~Dalcius
      Rome wasn't burnt in a day.
    5. Re:I am a blind computer user by Nathaniel · · Score: 2
      "So, again what is he to do? Assuming this person had contacted Southwest's webmasters (which as I said they should have,) what would you do next? And don't say just not use there services."

      Obviously Southwest ought to follow the HTML standards. We can probably most all agree with that. The question the lawsuit raises is "Should Southwest be legally required to do so?"

      You said "following standards is not hard", but you also pointed out that web authoring tools produce content that doesn't follow the standards.

      If Southwest doesn't have any Web Designers on staff (and really, they are in the business of providing transportation, not producing web pages), should they be required to hire someone to come in and fix all their web pages? This could potentially cost quite a bit of money, depending on the details (tools used, amount of dynamic content, scripts used to produce dynamic content).

      When we consider the fact that Southwest has now had a negative PR hit for not already having accessable web pages, so their market of blind web users may have shrunk, how long might it take to recoup the costs of becoming compliant if another airline manages to spin this in such a way that bling web users avoid Southwest?

      All of this goes into an assessment of Southwest's financial incentive to fix their pages. Personally I think it's obvious that they should fix the pages. Southwest's bean counters might disagree.

      Suppose for a moment that the expenses involved are enormous, and Southwest can demonstrate that they could never hope to collect enough revenue to offset the expenses. Imagine for a moment that the costs were so high as that Southwest could demonstrate it would make more sense to simply stop having a web site altogether. Is it ethically reasonable to require that they maintain the web site and fix the accessability issues with the web pages when they already provide phone support?

      This question is worth answering because a precident in the ADA's favor in this case could lead to some situation in which some other business is forced to comply when the costs associated outway the value of having a web site.

    6. Re:I am a blind computer user by st0rmshad0w · · Score: 2

      " As over posters have stated Airlines often give better rates on their websites."

      Hmm, seems to me that this is more the problem than the website being equiped for the blind. Why should you get different rates for the same service based on the means by which you arrange the purchase. But then again airline travel rates have never made any sort of sense whatsoever.

    7. Re:I am a blind computer user by tshak · · Score: 4, Insightful

      Assuming this person had contacted Southwest's webmasters (which as I said they should have,) what would you do next?

      Use the phone. It's great that you can post to /., and read these long threads! However, consider the fact that the web is a visual medium which is obviously not very condusive to your disability. It would seem logical that, if that medium wasn't suiting you in a particular case, you would then use a medium that better suited your abilities. You can still hear, and the phone is a very easy way to use Southwests services. Not to mention, regardless of disability, it is also the most popular method of using Southwest's services. If I were in charge of Southwest's web site would I make it standards compliant so that accessibility utilities worked properly? Yes I would, but I wouldn't want the government forcing me to do it.

      --

      There is no longer anything that can be done with computers that is nontrivial and clearly legal. -- Paul Phillips
    8. Re:I am a blind computer user by Dalcius · · Score: 2

      "Well, the government does tell people what to do. So generally, yes they "should." ... Exactly where you draw the line is up to you, but it's also up to the government."

      I love your realistic approach. Well, I'm being half serious. =)

      ---
      "In principle I think the more accessible the web is, the better. And given that the technical challenge to making web sites functional for the blind is fairly small, then if people aren't bothering to then something needs doing."

      Certainly, to a point. If I want to write my entire site in flash, that's my choice. I won't spend a week rewriting a separate blind version.

      "If you're blind, click here!"

      I don't, so that's another story. As I said before, if I didn't use 100% standard stuff and it wouldn't be a huge effort to make it blind-compliant, I would. Although I'm sure my attitude has something to do with the fact that I don't write pages that many people view.

      ---
      "If we called it neglect then would it make you feel better?"

      Yes.

      ---
      "I, a taxi driver, neglected to notice the black man waiting for a cab, and instead picked up the white man waiting in the line behind him"

      I'll call that as a bad analogy. Not realistic enough to fit the situation. You're grouping this racist argument with this issue and it doesn't belong. Picking the black man doesn't cost you money (read: he is just as easy to serve as the white man).

      ---
      "Overall, maybe people should be free to do whatever they like, but that generally only works if people do the right thing."
      Point 1) Yes
      Point 2) Very true

      ---
      "Who says what's right?"
      In theory, society determines the morals that determine the laws.

      ---
      "Well, that's easy. Just ask yourself, "would I want doing to me what I'm doing to this other person?" (also included "not-doing")"

      Yes. If I was in a wheelchair and someone held an elevator door longer so I could get in, I would thank them. It cost them time, and they didn't owe me anything (they didn't break my legs), but they were nice. Should it be a law that you must hold elevator doors open for people in wheelchairs? No.

      --
      ~Dalcius
      Rome wasn't burnt in a day.
    9. Re:I am a blind computer user by Dalcius · · Score: 2

      I'd like to add: I'm all up for giving people with disabilities the ability to live a life. That is where I will draw the line that, yes, society doesn't owe them anything, but they need to be offered a life just like anyone else.

      Public services run by the government and other essentials need to be accessible to these people. However, if I own a private business that doesn't play a part of regular life, I will not have anyone telling me how to design my website.

      --
      ~Dalcius
      Rome wasn't burnt in a day.
    10. Re:I am a blind computer user by BradleyUffner · · Score: 2
      "Assuming this person had contacted Southwest's webmasters (which as I said they should have,) what would you do next?"
      I would give my money to another airline that had a more readable website. In the physical world the argument can be made that the disabled person would have to travel a great distance to get to another store, but on the net all you have to do is type in a new address. If companies don't want your business then give it to someone who does.
    11. Re:I am a blind computer user by st0rmshad0w · · Score: 2

      Sorry, not buying it. You are assuming the need for a person to be the primary contact on the phone. The web stuff still needs people to maintain it and so forth as well. How is the web better/cheap/different from a well constructed automated phone interface with some human customer support as a second tier?

    12. Re:I am a blind computer user by fishbowl · · Score: 2

      "I would give my money to another airline that had a more readable website."

      You do realize how much cheaper SWA is than any other airline in their markets, right?

      --
      -fb Everything not expressly forbidden is now mandatory.
    13. Re:I am a blind computer user by naasking · · Score: 2

      "Overall, maybe people should be free to do whatever they like, but that generally only works if people do the right thing."
      Point 1) Yes
      Point 2) Very true


      And so laws are there to ensure that people don't do the wrong thing.

      Should it be a law that you must hold elevator doors open for people in wheelchairs? No.

      That's only because it's not immoral. Impolite maybe.

    14. Re:I am a blind computer user by BradleyUffner · · Score: 2

      "You do realize how much cheaper SWA is than any other airline in their markets, right?"Maby there is a connection there. If they charged more they could probably afford to make a better site. If you want cheap prices you shouldn't expect 5 star service.

    15. Re:I am a blind computer user by Dalcius · · Score: 2

      Should it be a law that you must hold elevator doors open for people in wheelchairs? No.

      "That's only because it's not immoral. Impolite maybe."


      I will agree that killing someone is immoral. That's obvious.

      I will agree that child neglect is immoral. You take on the responsibility of raising a child when you commit the act of having him.

      I do not think that a non-public business should have to spend money against their will in aid to people they've never hurt nor made any form of agreement with.

      The bottom line is that you feel that it is immoral not to help those in need. Personally, I agree completely. However the question that this issue raises is whether the government (in theory by the people) should be able to tell private businesses what to do.

      I believe that the government is here to regulate (i.e. trade) and protect us. I believe the morals come from the people directly. If people wish to be immoral, that is their God given right, and I feel that the government should have no say unless they are making an active decision to _act_ _against_ a person or in other situations where you need laws (read: gov't regulation of monopolies).

      This issue falls under the ladder if anything. I personally feel that public services (bus stations, airports, grocery stores) should be accomodating for everyone for the simple reason that everyone needs to be able to live within reason. However, 100% private firms are just that, private, in my mind.

      I will, however, respect your opinion and say that yes, the people do decide, thus why this should go to court--our best means of taking care of it (or so it would seem).

      --
      ~Dalcius
      Rome wasn't burnt in a day.
    16. Re:I am a blind computer user by catfood · · Score: 2

      ...consider the fact that the web is a visual medium...

      Consider the fact that the World-Wide Web is not a visual medium. It's a data medium.

    17. Re:I am a blind computer user by naasking · · Score: 2
      I do not think that a non-public business should have to spend money against their will in aid to people they've never hurt nor made any form of agreement with.

      If they just followed good web design practices, they wouldn't have this problem. They made irresponsible choices, and some people are "suffering" for it. There is no good reason why they shouldn't be allowed access to this site, but for the bad choices the designers made.

      What if a store with a physical location wouldn't allow blind people in for similar stupid decisions? Should they be forced to change? Unless there is some good reason a particular group should be excluded, there is no reason to discriminate against them.

      The bottom line is that you feel that it is immoral not to help those in need.

      Not at all:
      One of the serious obstacles to the improvement of our race is indiscriminate charity.

      ~ Andrew Carnegie ~

      As I've said in this and this post, this is closely related to the discrimination issue. It's a little touchier, but I still think it's close enough to warrant the attention it's getting.

      I feel that the government should have no say unless they are making an active decision to _act_ _against_ a person or in other situations where you need laws

      One could argue they are discriminating against people with visual disabilities and so are acting against them.

    18. Re:I am a blind computer user by Dalcius · · Score: 2

      If they just followed good web design practices, they wouldn't have this problem.

      You're missing my entire point. The issue in my head is whether someone else has a right to tell you whether or not you should be able to design your site as you see fit. "It sounds reasonable" isn't a reason to make a law forcing people into it. Not everyone feels that it's reasonable, and there is a limit at which you must let live and let die. People will live their own lives, and more government regulation of non-action private practices is not something we need.

      ---
      The bottom line is that you feel that it is immoral not to help those in need.

      "Not at all:
      One of the serious obstacles to the improvement of our race is indiscriminate charity."


      You said before:
      "And so laws are there to ensure that people don't do the wrong thing.

      Wrong thing I read as immoral: wrong is a synonym for immoral. I applied it to our conversation, it seemed to me you were saying not helping is immoral.

      Again:
      Should it be a law that you must hold elevator doors open for people in wheelchairs? No.

      "That's only because it's not immoral. Impolite maybe."


      You say that it's not polite and imply that you agree with me that there shouldn't be a law requiring people to hold doors for those in wheelchairs. However you seem to think that there should be a law to force me to change my website so blind people can visit it. It would seem to me that this implys you feel it is immoral.

      "It should not be a law to hold elevator doors for people in wheelchairs ... because that is not immoral. It should be a law that websites should be blind compliant [because it is immoral to do otherwise]" is what I'm getting. Reversing situations.

      ---
      "One could argue they are discriminating against people with visual disabilities and so are acting against them."

      Yes, with another dictionary from the one I'm using.

      From Merriam-Webster:
      Main Entry: discrimination
      Function: noun
      1 a : the act of discriminating b : the process by which two stimuli differing in some aspect are responded to differently
      2 : the quality or power of finely distinguishing
      3 a : the act, practice, or an instance of discriminating categorically rather than individually b : prejudiced or prejudicial outlook, action, or treatment

      1) If I run a non-blind-compliant website, how am I treating the blind different? Everyone gets the same website.

      2) I am not distinguishing between the two.

      3) This isn't prejudice and I'm not stereotyping. I'm not denying (imply's action) this person because of who he is.

      ---
      I agree with *every point* you've made past what I interpret to be you calling for a law to require blind-compliance.

      Good morals are wonderful and more people should have them. In theory, the government is run by the people, but in practice, it is not. I do not believe a foreign body should decide what my morals should be. Those are my own. It's society's job to raise good children, but at some point, everyone takes on the responsibility of having good morals himself. The government doesn't need to lead our lives for us.

      --
      ~Dalcius
      Rome wasn't burnt in a day.
    19. Re:I am a blind computer user by naasking · · Score: 2

      Just a quick answer (I'll get to the rest later):

      3 a : the act, practice, or an instance of discriminating categorically rather than individually

      The website denies use to blind people. Therefore they are not individually discriminating, but categorically discriminating as your dictionary states.

    20. Re:I am a blind computer user by Rupert · · Score: 2

      The web is not a visual medium. Your browser is a visual tool for accessing the information medium. Other people have aural browsers. I don't suppose it would be too hard to design a device that translated html to braille[1], making it a tactile browser. Smell and taste are probably out, but you could use them, if you really wanted too.

      [1] Beware the blink tag!

      --

      --
      E_NOSIG
    21. Re:I am a blind computer user by Isofarro · · Score: 2
      consider the fact that the web is a visual medium which is obviously not very condusive to your disability.


      Fact? Please provide a serious reference of this fact, or conceed that this is merely your delusion. The Web is a digital medium that's textual in nature. This combination makes the web accessible in both visual and aural mediums, and has no limitations on the other four senses either.
    22. Re:I am a blind computer user by Dalcius · · Score: 2

      That's a recursive definition. See points #1 and #2.

      Suffice to say that even taking #3 generally, I don't agree that not making a website conform is "...discriminating categorically". I believe discrimination implys action.

      I'm waiting for a reply. =)

      --
      ~Dalcius
      Rome wasn't burnt in a day.
    23. Re:I am a blind computer user by tshak · · Score: 2

      Web pages are distributed as hypertext over the Hypertext Transfer Protocol (HTTP). Hypertext is defined as (emphasis added), "A computer-based text retrieval system that enables a user to access particular locations in webpages or other electronic documents by clicking on links within specific webpages or documents."

      The nature of the web has always been text based.

      --

      There is no longer anything that can be done with computers that is nontrivial and clearly legal. -- Paul Phillips
    24. Re:I am a blind computer user by tshak · · Score: 2

      Consider the fact that the World-Wide Web is not a visual medium. It's a data medium.

      What you're describing is the Internet, not the Web.

      Web pages are distributed as hypertext over the Hypertext Transfer Protocol (HTTP). Hypertext is defined as (emphasis added), "A computer-based text retrieval system that enables a user to access particular locations in webpages or other electronic documents by clicking on links within specific webpages or documents."

      --

      There is no longer anything that can be done with computers that is nontrivial and clearly legal. -- Paul Phillips
    25. Re:I am a blind computer user by naasking · · Score: 2

      How is it recursive?

      I believe discrimination implys action.

      Non-action can be discriminating as well. Not opening a door to a building for disabled persons is discriminating non-action (the person must open the door for anyone to enter the building). If you say he is deliberately not opening the door for disabled persons (implying action), I can just as easily say the website was similarly deliberatly designed. Good design practices for compatibility are well documented, and just as ignorance is no excuse for breaking the law, so ignorance is no excuse for stupid design (which may have ended up breaking the law in this case).

    26. Re:I am a blind computer user by naasking · · Score: 2

      The issue in my head is whether someone else has a right to tell you whether or not you should be able to design your site as you see fit.

      No one has an intrinsic right to tell you to do anything. We as human individuals have absolute freedom, but we consciously limit this freedom to enable us to live with each other to our mutual benefit. The only way this can be accomplished is by fairly granting everyone equal rights and freedoms.

      Wrong thing I read as immoral: wrong is a synonym for immoral. I applied it to our conversation, it seemed to me you were saying not helping is immoral.

      Wrong means immoral, agreed. I'm not sure what you're getting at here. Perhaps you're under the assumtion that charity is moral, I was simply saying that only discriminate charity is moral.

      However you seem to think that there should be a law to force me to change my website so blind people can visit it.

      If you are a commercial entity providing services to people, I think it would be fair to design in such a way that it is accessible to everyone regardless of condition. It is not asking anything unreasonable, in fact, it's quite simple. Yet people whine and complain instead of doing the job right the first time. Since people have a tendency to do the wrong thing, laws are instated to ensure it doesn't happen again. The law is there to ensure fairness for all.

      "It should not be a law to hold elevator doors for people in wheelchairs ... because that is not immoral. It should be a law that websites should be blind compliant [because it is immoral to do otherwise]"

      Indeed. The difference lies in commercial versus individual actors. If the door opening is a commercial service, ie. you are the founder of Door Openers Inc., then you must be non-discriminating in rendering your services. Finally, if you consciously do not hold open doors for the disabled simply because they are disabled, that is immoral since your attitude is discriminatory. That does not mean there should be a law against this particular action since it does not really put them at a disadvantage to anyone else.

      b : the process by which two stimuli differing in some aspect are responded to differently

      The two stimuli: blind and non-blind accessing the site with different devices. Response: non-blind can use the site, blind cannot.

      1) If I run a non-blind-compliant website, how am I treating the blind different? Everyone gets the same website.

      If I create a non-ramp accessible building, how am I treating the disabled differently? Everyone gets the same entrance. As you can see, it doesn't quite work that way.

      2 : the quality or power of finely distinguishing.

      The blind and non-blind are distinguished in the fact that one can read the site as-is, one cannot.

      2) I am not distinguishing between the two.

      You are not, the website is.

      I agree with *every point* you've made past what I interpret to be you calling for a law to require blind-compliance.

      There is a limit. Commercial entities should be non-discriminatory in everything they do, therefore they should be blind-compliant. What you do in your own time with your own resources is your business.

      I do not believe a foreign body should decide what my morals should be.

      No foreign body decides your morals, but as a society of individuals we have agreed to a social contract which is the law. The law decides things which we cannot do, one of which is discrimination in commercial ventures. This decision was reached fairly and can be rationally justified as I have briefly tried to do in this post.

  38. Re:What about companies that dont have websites? by Ron+Bennett · · Score: 2

    Interesting question...could cut either way...

    Perhaps companies could avoid the ADA website issue by simply not having a website...but then again, some companies might be sued for not having a website - for example on the grounds that their physical store, etc is too far away or whatever.

  39. Re:Get a grip on discrimination by Anonymous Coward · · Score: 2, Insightful

    It is retarded to be protesting over this. Not to ve insensitive to black people, but if you are black and want to get a drink of water, go to the damned coloured fountain and drink there. You can do everything at the coloured fountain that you can at the whites fountain. If you are really this angry about Southwest's white fountain not being usable to blacks, don't give them your business. There are plenty of other airlines with fountains out there.

    But then, nobody on slashdot is old enough to remember those days.

  40. Re:Form of involuntary servitude by cpt+kangarooski · · Score: 2

    Actually no. The logic is that the government can regulate commerce. For example, if you had a coal mine where black lung is a danger to the workers, the government might step in and require you to provide masks, etc. so as to not endanger them. While they might respect your right to mine coal, it might not be in your best interests to do so safely, but the government has got a legitimate interest in safety. For example government response in the case of epidemics.

    For various practical reasons in the US, the federal government has broad authority over interstate commerce. And the courts have defined that to be extremely expansive. If blind people cannot be served, then this has an effect on commerce. It doesn't have to be significant, though it really could be when you consider all instances of this sort of thing going on.

    Thus, it's regulable. Calling it slavery is a ridiculous stretch. If that were an even vaguely credible argument, any sort of law could be deemed slavery, for it interferes with someone's desire to do things. Laws punishing criminal trespass do not make slaves of trespassers because they're told where they cannot go.

    --
    -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
  41. George HW Bush? by bleckywelcky · · Score: 2


    Didn't George H.W. Bush make a public statement regretting that he ever signed the ADA? I put some key words in to Google but couldn't come up with anything. I for one think things like handicapped parking spaces, building/sidewalk ramps, handicapped restrooms/drinking fountains, public braille signs, and automatic doors are great. But, some of the other stuff trying to be pulled under the ADA (and most definitely this lawsuit) is ridiculous. The guy is gonna need help getting on the plane anyhow, since I doubt he has the floor plans of the airport and plane memorized, so he might as well get someone to help him order the tickets too. Ya gotta have some sympathy for him though because he is missing out on seeing a lot of things, and life is more difficult in general when you're blind (I would guess, although I don't know specifically), so you can't be too negative against him, heh.

    1. Re:George HW Bush? by reflector · · Score: 2

      I for one think things like handicapped parking spaces, building/sidewalk ramps, handicapped restrooms/drinking fountains, public braille signs, and automatic doors are great.

      i agree that most of these things are great, but
      they should be done voluntarily if they're on
      private property.

      the one thing i don't agree with is handicapped
      parking. firstly, there's way too many of them,
      at least where i live, compared to the handicapped
      population. i'd estimate that there's a car with
      a handicapped plate in 1-2% of the handicapped
      spots at any given time. the rest of the time
      they are either empty, making parking harder for
      everyone else, or else filled with non-hc plated
      cars, meaning the spots are reserved for people
      who don't care about the rules or anyone else.

      but there's a more basic problem with handicapped
      only parking spots - it basically says that
      handicapped people are special and should recieve
      special priveleges that no one else can. there's
      something intrinsically wrong with that. i agree
      that the handicapped should have equal (not extra)
      rights, and should be able to lead normal fulfilling lives
      like everyone else, but to accord them special
      priveleges by law out of a misplaced sense of
      pity sends the wrong message, and is a mistake.

  42. Re:PDF has its place by Ron+Bennett · · Score: 2

    Why not convert PDF to HTML before-hand or on the fly - PDFs are a kludge and a bad one at that for most web applications.

    I agree that PDF has its uses, such as for sites that post official forms (like the IRS) for people to print out and mail/fax back, etc.

    But why do so many sites post mostly text documents in PDF...which require a propreitary reader and is difficult for the visitor to manipulate - such as searching, cut and paste, or translating into another language, etc.

  43. Is a "Text Only" link so bloody hard? by jjh37997 · · Score: 2, Informative

    You know, not everything has to be graphics and flash cartoons. I remember the day (God, do I sound old) when all good websites had a plain text link for people with slow modems and vision problems. Hell, I use to browse the Web with lynx!

    Normally I don't like lawsuits but if it will force designers to make pages that not only look nice but are usable then I'm all for it.

  44. Re:Wrong on two counts by cpt+kangarooski · · Score: 2
    They can run their web site any way they see fit.


    Why? By the same token, do you believe that they can refuse to accept black passengers? It took a law quite similar to the ADA to compel businesses to serve regardless of race, religion, etc.


    Second, unlike entry into a building, there are alternative airlines.


    A) What if they all are like that? Does he have to drive? B) Didn't work the last time, when there was a white resturant and a black resturant -- it has an effect on commerce that is regulable. Besides which, it's grossly unfair to force someone to go elsewhere.


    But the ADA AFAIK doesn't affect non-commercial entities. Your private home page is fine, in the same way that you don't have to put wheelchair ramps on your house, or let anyone in who wants to. Businesses are typically open to the public; this means the WHOLE public as a rule.


    It's a great complaint; I hope that he wins. Besides these kinds of accomodations frequently are helpful to everyone. Those cut-out ramps at street corners (provided they have the bumps) are really handy if you're wheeling stuff around on a handtruck. Everyone likes elevators. I can hear, but I like to have the captions turned on when I watch TV or DVDs.

    --
    -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
  45. GNOME Accessibility Architecture gets Helen Keller by NZheretic · · Score: 3, Interesting
    It's envitable that the same laws requiring accessibility will eventually be applied to software as well.
    From Bill Haneman: I am delighted to relay the news that the "GNOME Accessibility Architecture" has been singled out in this year's "Helen Keller Achievement Award in Technology", one of the annual "Helen Keller Awards" presented by the American Foundation for the Blind.
    Although the award is officially being awarded to Sun Microsystems for its "leadership in universal design", it is the work of GNOME Accessibility that is specifically called out by the award presenters."
  46. Can I pinch it? by DABANSHEE · · Score: 2

    Your banner add, for a satirical website I'm thinking of doing

    I'll credit it to you on the contributions page

  47. Southwest.... by maxume · · Score: 2, Interesting

    ...is an airline. They are not a website. The primary business activity of Southwest Airlines is moving people around. They run thier website to make things more convenient for their users, but it is not the only way that they sell tickets. The fact that this fella is blind does not in any way hinder him from flying on southwest airlines, he can probably use the phone.

    It would be great if Southwest was compliant, but as far as I am concerned, they could be compliant by adding the following to thier front page: Users unable to navigate this site please call XXX-XXXX-XXXX. And it wouldn't even have to be toll free.

    --
    Nerd rage is the funniest rage.
    1. Re:Southwest.... by FredGray · · Score: 2
      Southwest sometimes offers lower fares on the Web site than you can get on the phone, and they always give double frequent flyer credit for booking online. So, you are missing out on something if you use their phone reservation service instead.

      With that said, I just tried using southwest.com in lynx. I was able to get through the first few pages of booking a reservation with no problem (picking cities and dates, choosing a fare; I stopped at the point where it asked for a credit card). Admittedly, I have a good bit of experience with where things are on their site, but it's not totally unusable with a text-mode browser. I can think of lots of companies with sites that are even less accessible...I wonder why this individual chose to sue Southwest first.

  48. Re:Yet another thing to think about by iapetus · · Score: 2, Funny

    Yes, damnit. If this carries on we might actually have to value content over style! Won't somebody please think of the web designers?

    --
    ++ Say to Elrond "Hello.".
    Elrond says "No.". Elrond gives you some lunch.
  49. Re:Doesn't answer the question by IpalindromeI · · Score: 5, Funny

    It would be nice if you'd make your 3D game accessible. I've often wanted to play Quake with my eyes closed, and it would be nice for some audible clues. For example:
    "VISOR AT 3 OCLOCK."
    "SARGE RUNS BEHIND THE WALL."
    "VISOR SWITCHES TO RAILGUN."
    "YOU SHOULD TURN LEFT AND SHOOT NOW."
    "SARGE SHOOTS YOU IN THE NUTS WITH THE SHOTGUN."
    "TOO LATE."

    I think you can see my point.

    --

    --
    Promoting critical thinking since 1994.
  50. Re:Why is this all on Southwest? by the+eric+conspiracy · · Score: 2


    Boy, I am amazed at the paleolithic attitudes present on Slashdot. The ADA is the law of the land, and it's in place for a reason - so that companies and government make 'reasonable accomodation' to handicapped people. Among other things it protects people who might have a minor handicap from getting fired for trivial reasons - for example my wife has fallen arches and requires orthopedic footwear. Since she works in a position that requires contact with the general public, her employer has a rather strict dress code that would normally require that she wear certain types of dress shoes. The ADA protects her from getting fired because she can't wear these types of shoes on the job.

    In the case of Southwest Airlines, their web site is a problem because of the use of images for links without alt tags. Is it REALLY such a big deal for Soutwest to put alt tags on these images???? Can you really imagine a software program that is going to be capable of translating an image into it's test equivalent???

    Why wouldn't putting alt tags on images just be considered common courtesy???

  51. What about MY disability? by Ben+Jackson · · Score: 2, Troll

    I was born with a rare condition that prevents me from viewing Flash objects. Can the crack slashdot legal community advise me about how to pursue my lawsuit against the many abusers of Flash?

  52. Re:Wrong on two counts by CSG_SurferDude · · Score: 2

    First, Southwest Airlines is a private company.

    NOPE, it is a publicly traded company, listed as LUV on the NYSE.

    They can run their web site any way they see fit.

    Nope, that's what the ADA act is all about.

    Web sites are the cost of doing business, a necessary evil really, and as such, they cannot be mandated like ramps and elevators.

    A Building is a "cost of business" also, and you better make sure wheelchair users can access your toilets and second floor.

    Second, unlike entry into a building, there are alternative airlines. No one said he had to fly Southwest.
    MAYBE: In some cases, SWA is the most frequent airline into some destinations in Texas, and is frequently the cheapest to most destinations. So, if you don't mind paying more, or have less choices about when to travel, I guess you can fly another airline. (That ALSO doesn't have visibility impaired web pages.)

    And your whole next paragraph is exactly why we have the ADA. There is a law; this issue has not been dealt with yet, hence the lawsuit; I'm sure his congressman knows about both the issue and the ADA; and the point is that all business websites should meet these standards, but don't (and probably won't until the law is clarified.

    Welcome to the U.S. Legal system.

    ((I won't even go into their website only promotions and doubling their frequent flier credits with web site reservations.)

    Crikey!

  53. Wonderful. by acceleriter · · Score: 2

    Now we'll have corporations pulling their web sites because there's some person with some disability out there who won't be able to use them, and not providing the service will cost less than settling ADA lawsuits. I certainly feel for someone who's blind, but for crying out loud, couldn't he just use the phone? That doesn't even consider the possibility of having a friend order the tickets--of course, this makes the assumption that someone who would sue over something like this has friends.

    --

    CEE5210S The signal SIGHUP was received.

  54. Re: same UI? by King_TJ · · Score: 2

    Do the banks really keep their UI consistent though?

    I know for a fact that in St. Louis, Missouri - my bank (Firstar) has changed around the prompts on their machines numerous times in just the last 6 months or so.

    EG. One set of drive-up ATMs has a prompt at the beginning that asks if you'd like English or Spanish. I've never seen this on their ATMs anyplace else in town (and I know this was just recently added to these particular machines). Other times, they seem to play around with enabling and disabling prompts that ask "Would you like a receipt for this transaction?" after your card is inserted, but before you select any other options. They've also made changes to some of their ATMs so they ask if you'd like a deposit envelope, after you tell it you wish to make a deposit. (It used to be, they all just spit out an envelope without asking.)

    All of these small changes seem like they'd cause major havock for blind people who had the sequence of prompts memorized.

  55. Non-government by dirvish · · Score: 2

    I was under the impression the law only applied to federal or state web sites.

  56. Wheelchair Nazi's by Tablizer · · Score: 2

    This whole handicap compliance thing is getting carried way too far.

    I heard a radio interview from a guy in the north east US who owned a small video store. There was a heavy snow and he was barely able to shovel a path to the main door of his store. Needless to say, he did not bother to shovel a path to the side wheelchair ramp, and sure enough the gov Wheelchair Nazi's came by and cited him with a huge penalty, something like 25 grand.

    It would have been far cheaper simply to keep the damned shop closed.

    I believe in *reasonable* accomodations, but not hellbent expensive ones.

    1. Re:Wheelchair Nazi's by Reziac · · Score: 3, Interesting

      That is real similar to this real-life case: one city (IIRC it was New York) installed port-a-potty units on every street corner in the primary "homeless district", so the homeless wouldn't have to shit in the alleys and pee in doorways anymore. And to accomodate the homeless who use wheelchairs, they made one unit in every 5 a wheelchair-accessable unit. Everybody happy -- streets cleaner, homeless have a chance to use toilet paper.

      Well, ALMOST everybody happy -- along came some disabled guy with a chip on his shoulder, who got some disabilities advocacy group to sue the city to force ALL the units to be wheelchair accessable. And sure enough, the court ruled that IF port-a-potties were provided for ANYONE, they must ALL have handicapped accessability.

      Well, there were several problems with that: 1) Standard units take up 4 square feet of sidewalk space. Handicapped units take up some 100 square feet of sidewalk space (ie. pretty much the whole corner). 2) Standard units cost $500 dollars apiece. Handicapped units cost $25,000 apiece. Making ALL the units handicapped-accessable was WAY over the city's budget for the project. 3) No one can sleep in a standard unit. The existing handicapped units were already being abused as bum hotels and crack houses.

      The city examined the verdict in light of the drawbacks enumerated above, and said to hell with it. ALL of the units were removed, and now ALL the homeless, disabled or otherwise, are back to shitting in alleys and peeing in doorways. All because one guy didn't want to wheel himself 5 extra blocks to use a handicapped unit.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
  57. Re:All Sites by quinto2000 · · Score: 3, Informative

    I believe the ADA applies to companies with > 15 employees.

    --
    Ceci n'est pas un post
  58. Re:Get a grip by Frank+of+Earth · · Score: 2

    I couldn't agree more. This guy is just suing to get some money.

    He's obviously not too bright picking on an airline business too. I doesn't make much sense suing an industry that's practically going out of business.

  59. Re:Why is this all on Southwest? by nomadic · · Score: 2

    Boy, I am amazed at the paleolithic attitudes present on Slashdot.

    I'm not amazed. It's exactly what I expected from this lot.

  60. Umm ok but... by SquierStrat · · Score: 2

    Aren't website's private property? If so, why should we legislate what people have to do with their private property. I mean yeah, the designers ought to make them accessible, but why should the government tell them what they MUST do with it?

    --
    Derek Greene
    1. Re:Umm ok but... by the+eric+conspiracy · · Score: 2

      If so, why should we legislate what people have to do with their private property.

      Because what you do with your private property often affects others. For example, there is a individual in D.C. shooting people. He is clearly using his private property (gun) in the manner he wants.Using your logic we shouldn't care that he is doing this.

    2. Re:Umm ok but... by Nathaniel · · Score: 2
      "Because what you do with your private property often affects others. For example, there is a individual in D.C. shooting people. He is clearly using his private property (gun) in the manner he wants.Using your logic we shouldn't care that he is doing this."

      What an idiot.

      Obviously shooting someone harms other people. That person is actively damaging another person, and it is unquestionably wrong.

      Failing to provide something another person wants doesn't even begin to be in the same class.

      By you're twisted example, I'd be able to sue you for failing to give me your loaf of bread.

      Here's a viewpoint that makes sense:
      1. We should be able to act or fail to act so long as we don't cause harm to others or to their property.
      2. We should not be forced to act in a way that provides another person with a boon at our own expense.

      Southwest is already choosing to provide web pages, at their expense. Good for them. They should not be forced to incur additional expense just to satisfy a few potential customers.

      Personally I think it would be a good business choice for them to make their pages more accessable, but I cannot agree that they should be forced to do so. I can't be certain it makes good business sense for them to fix the pages, but there is a more important issue.

      The threat of a lawsuit is fundamentally about turning the coercive forces of government against Southwest in order to force Southwest to do what the plantiff asks. In this case, that request is effectively requiring Southwest to provide something to the plantiff which that plaintiff has no moral or ethical claim to.

      Forcing Southwest to provide something to another when they don't want to do so is morally and ethically indistinguishable from any other form of coercion. The extent and severity is certainly different from theft, extortion, slavery, rape and murder, but the fundamental coercion is the same.

      If Southwest doesn't want to fix their web pages, it is inapproriate for anyone to force them to do so by convincing the government to point guns at them.

  61. Re: Sorry elitist, it's *you* who are wrong! by King_TJ · · Score: 4, Insightful

    Web sites are primarily designed for a particular, limited audience, in most cases. If someone *chooses* to make their site easily accessible to everyone who comes across it, that's their option -- but it certainly doesn't need to be legislated as mandatory.

    That's as ludicrous as saying every author writing a book needs to have it translated and published into every foreign language in common use, so those not speaking English are ensured "equal access" to it!

    The fact is, many sites right now are quite browser-dependent, even if they opt not to touch any additional "plug-in" technologies such as Shockwave or RealAudio. If we didn't have Javascript, web sites would be much less useful. (As just one example, I recently found a site that calculated your speedometer error based upon changing your car's tires out with different sizes. If this had to be presented as pure HTML, I suppose we'd be reduced to looking through a huge list or table of every combination, to find relevant data for our particular car and situation. How is that a *better* way to build the site?)

    Sure, some of the ".bomb'ers" are out there drawing up poor quality sites, and don't deserve a job designing web pages. That's not what this discussion is really about, however. This is a question of whether we want to let government dictate requirements for every site we build. If this becomes law, many people will take down sites completely rather than pay to do major revamping to meet ADA requirements, and then *nobody* benefits.

  62. Poetic Justice? by Tablizer · · Score: 2


    Is this by chance the same Southwest that charges fat people for two seats?

    In that case, they deserve this lawsuit. There should be seats of different sizes. The variation in human size is quite great. One-size-fits-all is dumb and insulting.

    If so, sue the bastards out of sky!

    1. Re:Poetic Justice? by ProfMoriarty · · Score: 2
      Is this by chance the same Southwest that charges fat people for two seats?

      Interesting you ask this ... since there is a campaign over at obesity.org that specifically mentions this problem.

      Even more interesting that the gov't classifies >60% Americans of being overwight ... and >20% of Americans are obese.

      Of course, as a side note, obesity is height/body weight ratio ... and the gov't would classify Arnold Schwarzenegger as being overweight ...

      --
      Karma? Karma? I don't need no stinkin' karma.
    2. Re:Poetic Justice? by Tablizer · · Score: 2

      Most blind people bear no responsibility for their blindness.

      Ironically, diabetice can cause blindness, and diabetice is often related to weight.

      They'll be able to seat less per plane.

      Big fucken deal. Make smaller seats for shorties to compensate. If you are going to embarass large people, then embarass the shorties also. You might lose a total of 2 seats to make 4 "plus" seats. BFD.

      You might have to give your waist size when buying tickets. Otherwise, they may seat you improperly or undersell. How many overweight people want to do that?

      How do they *currently* determine a double charge?

      But if I didn't, then the airline shouldn't have to subsidize my obesity.

      Okay, then if one takes up 1.3 seats then charge 1.3 times as much, not 2. The quantisization is unfair because it is one-size-fits-all.

      Who wants to sit next to someone that's hanging out of their seat onto you?

      That is why they need difference sized seats. If you are going to pack people in like sardines, then it is more effective to size the seats based on population variance.

      I hope somebody with a genetic thyroid size-based problem sues the wings off of Sardine Airlines. They will probably be covered under the Disabilities Act.

  63. Re:All Sites by Golias · · Score: 2, Interesting
    Does this mean all sites have to comply?

    That's a very good question. IANAL, but IIRC the ADA applies to any public accomodation, which some would say includes nearly all websites. (Damn, I've been reading /. way too much. Two common slash acronyms in one sentence!)

    On the other hand, if you are handing out pamphlets on a street corner, there's no law that says they need to be available in braile.

    Bottom line is that if you are going to enforce the ADA for any businesses at all, it should also be enforeced for e-commerce businesses. Private sites, existing for the sake of blogging or whatever, perhaps should be exempt. It will probably take a few of these sorts of lawsuits to hammer it out, because the ADA was, alas, a pathetically vague law.

    However, whether or not the law says your site must be blind-accessible, in most cases it ought to be, because if you are simply following standards (which includes proper use of "alt" tags), then most of what you put on the web already is.

    If your site can't be read by these text-to-voice tools the blind use, it should be pointed out that you are a shitty webmaster.

    --

    Information wants to be anthropomorphized.

  64. Re:Wrong on two counts by the+eric+conspiracy · · Score: 2

    Does this mean anyone with a web site has to be in compliance with this cat's text-to-speech converter?

    There are a number of published standards (including HTML 4.01), that require use of alt tags on images. You won't even pass simple HTML validation without these tags.

    If Southwest had bothered to even live up to that low level, I doubt that they would be getting sued.

    First, Southwest Airlines is a private company. They can run their web site any way they see fit

    Nope. Just because you own something doesn't give you untrammeled use. When you drive your car, you have numerous laws to comply with.

  65. Re:This has to be a joke by the+eric+conspiracy · · Score: 2

    South West Airlines website is not an accessibility nightmare.

    Look at the top navigation. Notice that it is comprised of images without alt tags.

    How do you expect a text reader to deal with that sort of nonsense?

  66. Re:This has to be a joke by FredGray · · Score: 3, Informative
    Well, I think it's reasonable to expect it to do exactly what lynx does:

    [toptail.gif] [1x1.gif] [reservations_mm0.gif] [1x1.gif]
    [schedules_mm0.gif] [1x1.gif] [fares_mm0.gif] [1x1.gif]
    [click_n_save_mm0.gif] [1x1.gif] [travel_center_mm0.gif] [1x1.gif]
    [rapid_rewards_mm0.gif] [1x1.gif] [endmenu.gif]

    ...which is actually fairly intelligible. Yes, you select "reservations_mm0.gif" to go to the reservations page.

  67. Re:This is a different problem from physical acces by alienw · · Score: 2, Insightful

    Now, we add a whole new method of content rendering. We can't even impliment the main standards properly. How do we plan to ensure that an audio interface can successfully read a website, as well? Keep in mind that this is not what the web was originally designed to handle.

    Actually, this IS what the web was developed to handle. Take a look at any HTML/1.0 page and you will notice that it can be read perfectly. Everything became screwed up when the <table> tag was introduced and people started to use HTML as a substitute for PDF, and later Flash. HTML is a markup, not a layout language.

    As far as the internet being "hard to convert": no it isn't. Some businesses just need to get hit with a couple of lawsuits to figure that one out. Yes, websites do need to take that into account, so some webmasters will have to change their ways. But, you can make a perfectly functional audio website by using a content management system that supports it, without too much effort. Audio internet is not a hard problem unless you are an amateur trying to do a professional's job.

  68. Poetic Justice, but not the way you think. by PhxBlue · · Score: 2

    Obesity is not a disability in and of itself. Yes, there are medical conditions, such as poly-cystic ovarian syndrome in women and giantism in men, which can make fitting into a sardine-sized airline seat difficult. However, the majority of people in the United States are obese because they made themselves that way--and I feel no remorse for someone who's charged for two seats because he ate himself into occupying 1½.

    --
    !#@%*)anks for hanging up the phone, dear.
  69. Re:Get a grip by SoupIsGoodFood_42 · · Score: 2
    pick up a damn phone and call them

    Do they produce brail phone books?
    Of course, you could always get the number from their web-site...

    BTW. It's piss easy to make a site accessable for blind. A few Alt tags here and there. And a bit more consideration in the layout flow, and it should be fine (Proper flow is something that lacks on most sites, and should be done anyway).
    Anyone who says it's too hard is probably just too fsking lazy.

  70. Re: same UI? by Blkdeath · · Score: 2
    I know for a fact that in St. Louis, Missouri - my bank (Firstar) has changed around the prompts on their machines numerous times in just the last 6 months or so.
    My bank recently did the same thing, which isn't to say anything about my other bank which recently merged with another large Canadian bank (TD + Canada Trust, now "TD Canada Trust"), which meant the interfaces were merged to form one 'best of both worlds' interface.
    --
    BD Phone Home!

    Shameless plug. Like you weren't expecting it.

  71. Has the plaintiff never heard of the telephone? by ncc74656 · · Score: 5, Insightful
    No he's not being denied access. It's more as if you were allowed into Target, but were physically unable to spend money, or something. He can have someone else read him the page too, I'm sure there's someone around him who can see.

    Getting back to the plaintiff described in the article, I'd think an easier solution would be to call 1 800 555-1212, get Southwest's toll-free number from them, and then call that number. I'd think the same information is available that way as is available through their website (probably more info, in fact, such as information on what flights are on time/delayed/etc.). This has to be easier than filing yet another lawsuit. Then again, I suppose the ambulance chasers wouldn't make any money off of such a common-sense solution.

    --
    20 January 2017: the End of an Error.
    1. Re:Has the plaintiff never heard of the telephone? by js7a · · Score: 3, Interesting
      I'd think an easier solution would be to call 1 800 555-1212, get Southwest's toll-free number from them, and then call that number. I'd think the same information is available that way as is available through their website

      Nope, Southwest always has plenty of incentive deals for those using the website, apparently because using the phone costs customer rep time while the website is much lower overhead.

      This would seem to be a necessary condition for the suit. IANAL, but it would be if I were on the jury!

    2. Re:Has the plaintiff never heard of the telephone? by dbrutus · · Score: 2

      Actually what wouldn't be available is Southwest's web only specials (most airlines have them).

    3. Re:Has the plaintiff never heard of the telephone? by ChaosDiscord · · Score: 3, Insightful
      Getting back to the plaintiff described in the article, I'd think an easier solution would be to call 1 800 555-1212, get Southwest's toll-free number from them, and then call that number. I'd think the same information is available that way as is available through their website (probably more info, in fact, such as information on what flights are on time/delayed/etc.).

      I actually tried to make some airline reservations over the phone recently. Pretty universally you'll pay more for your tickets. These days, "internet only specials" really are.

      And really, it's quite easy to make your web site screen reader or braille console friendly. Use ALT="" attributes in your IMG tags. Prefer CSS over HTML formatting. As a bonus, your web site will display better on all sorts of less capable software, including lynx, WebTV, wireless Palm VIIs, and cell phones. The only reason to not do the right thing is if your web designer is clueless or lazy.

    4. Re:Has the plaintiff never heard of the telephone? by ncc74656 · · Score: 2
      And really, it's quite easy to make your web site screen reader or braille console friendly. Use ALT="" attributes in your IMG tags. Prefer CSS over HTML formatting. As a bonus, your web site will display better on all sorts of less capable software, including lynx, WebTV, wireless Palm VIIs, and cell phones. The only reason to not do the right thing is if your web designer is clueless or lazy.

      I wouldn't disagree with that assessment at all...check out my site if you don't believe me. I don't think that abuse of the legal system (and make no mistake about it, the ADA has spurred numerous abuses) is the way to encourage writing to standards, though.

      (One minor nit: rather than setting a null attribute for your ALT tags, I'd suggest using something that's at least somewhat descriptive.)

      --
      20 January 2017: the End of an Error.
    5. Re:Has the plaintiff never heard of the telephone? by ncc74656 · · Score: 2
      Skip paying for directory assistance...

      Last time I checked, directory assistance for toll-free numbers was itself toll-free (note the "1 800" at the beginning).

      --
      20 January 2017: the End of an Error.
  72. Re:This is a different problem from physical acces by starseeker · · Score: 2

    "Everything became screwed up when the tag was introduced and people started to use HTML as a substitute for PDF, and later Flash. HTML is a markup, not a layout language."

    A very good point. Unfortunately, most business sites seem to prefer to make their own layout decisions, rather than let the browser do it. That's actually a very interesting idea - a pdf based web. PDF has hyperlinking abilities - with expanded animation support it might actually work well.

    Audio internet is not a hard problem unless you are an amateur trying to do a professional's job.

    That's just it - a lot of smaller companies and non-profits can't afford to hire a professional web designer. Meaning a real pro, not just someone trained in Dreamweaver or Frontpage. Some of the most interesting stuff on the web is offered by smaller companies. Also, what about individual pages? A casual stamp collector, for example, who lists a few stamps for sale but is not really a full time dealer? Where is the line drawn? That's what makes things tough.

    --
    "I object to doing things that computers can do." -- Olin Shivers, lispers.org
  73. Re:ummm by k_187 · · Score: 2

    I don't use the Flash plugin... so I can't read a lot of websites I'd like to visit. I also use linux, so again, some websites are out of my reach. Although I don't have a disability, would my situation constitute grounds for legal action?

    No, you choose to not use the Flash plugin. I'm pretty sure this guy didn't choose to be blind.

    --
    11 was a racehorse
    12 was 12
    1111 Race
    12112
  74. Re:Get a grip by silentbozo · · Score: 2

    Either too lazy, or too stupid. There are plenty of "designers" who use the latest, off the shelf GUI HTML editor to put pizzaz into their website (ie flash, javascript scripts, and java applets), without giving a single thought to what exactly is getting uploaded.

    The really stupid thing is that the same steps to make site access better for the blind would also make the site easier to access for cell phone/pda users, and users on browser-appliances like WebTV, not to mention the uber-geeks using tools like Opera and Konqueror without all the bells and whistles installed. It's not like complying with the ADA is only gonna deliver you the blind customers - it's gonna deliver you many other segments besides.

    It's just laziness. Plus stupidity. A perfect example of management bozoism combined with MCSE "graduates"...

  75. Re:Get a grip on discrimination by kcbrown · · Score: 2
    It is retarded to be protesting over this. Not to ve insensitive to black people, but if you are black and want to get a drink of water, go to the damned coloured fountain and drink there. You can do everything at the coloured fountain that you can at the whites fountain. If you are really this angry about Southwest's white fountain not being usable to blacks, don't give them your business. There are plenty of other airlines with fountains out there.

    Except that there is one crucial difference here: in your example, you have to go out of your way to discriminate between blacks and whites: you have to set up a completely separate drinking fountain.

    In the case of Southwest's web site, it's exactly the opposite: they would have to go out of their way to not "discriminate" by accomodating the blind person.

    My view on this is almost purely practical: is it easier and faster for someone to surf a compliant web site to get at the ticket information he's interested in, or is it easier and faster for him to call their toll-free number and speak to someone directly?

    And the answer is that if you're not blind, it's probably easier and faster to surf the web site and get at what you want (depends on how adept you are at operating the computer. Should we now talk about discrimination against people who can't use a computer??), but if you're blind it's easier and faster to call no matter how accomodating the web site is. And that's because visual scanning of information is orders of magnitude faster than audio or tactile scanning of that same information.

    Bottom line: it doesn't matter how blind-friendly Southwest makes their web site: it'll still be harder for a blind person to use than the telephone. As long as the rates, schedules, and special offers are identical between the two, the fact that Southwest's web site isn't blind-friendly should not matter.

    So no, you can't use the black-versus-white comparison and get away with it. That discrimination is foul because it is based on superficial differences that don't make any real difference. Blind versus sighted is very different, because here we are talking about a true difference in capabilities.

    And if you don't believe that, then you must believe that blind people should be allowed to drive, or that they should be allowed to fly personal airplanes. That we don't allow the blind to drive a car or pilot an airplane is "discrimination" of the same kind we're talking about, right?

    You have to draw the line somewhere, because there is a real difference between a blind person and a sighted one, and no amount of legal wrangling will change that basic fact. At some point, the disadvantaged (in whatever way, from being physically disabled in some way to being unable to speak or read the commonly-used language) person has to take some responsibility for dealing with his condition. To insist on anything else leads to absurdities such as requiring all businesses to hire people who can read, write and speak every human language in use on the planet today.

    So: you seem to be in favor of forcing Southwest and any other business to make their site "blind-friendly". Are you also in favor of forcing them to do their site up in Cantonese? Arabic? Czech? Finnish? The only reason a blind person can view a web site at all is that he can get his hands on technology that does the translation for him. Are you going to insist that the technology involved be made available for free? Are you going to insist that everyone limit their web site designs to only those that said technology can handle? How far are you willing to go here? At what point do you draw the line? If the translators that blind people obviously use didn't exist, would you then insist that businesses not be able to put up web sites just because blind people couldn't then make use of them?

    Enough of all that. The blind person can pick up the phone and get exactly the same results. It's only if he can't get the same deals that he has a legitimate gripe. Otherwise he should convince the vendor of his translator to produce something that can read Southwest's web site.

    --
    Use 'slashdot stuff' in the subject line in any email you send me if you want to get past the spam filter.
  76. Re:Form of involuntary servitude by mc6809e · · Score: 2

    If you follow the poster's logic here no civil right law would ever be valid! The ADA is a civil rights law, just like the ones passed to enforce equal access to african americans or other minorities. Do you have a right not to serve a black, asian or others if you run a business? No of course not and if you do refuse service to them what happens to you? I'll tell you waht happens you find yourself in court, that's what.

    Okay. So you approve of civil rights law. What is it about my arguement that is unreasonable or illogical?

    My arguement is really simple: Slavery is involuntary servitude. Such laws as the ADA force one group of people (business owners) to serve another (the disabled) by building ramps for them, etc. Since the ADA forces people to involuntarily serve another, it is a form of slavery by definition.

    Now maybe you think thats okay. Maybe it is okay. Maybe a little slavery will do business people good, but what about the arguement do you think is wrong?

  77. Re:This is a different problem from physical acces by SoupIsGoodFood_42 · · Score: 2
    Complete and utter FUD.

    Your making it sound like a big task, that's going to mean 2x the ammount of work need to create a site, and creating new standards and new protocols. It's just not nessesary. The tools are already there. And you don't have to do much to make a big difference.
    Nobody is asking us to make the experience perfect for dissabled people, just usable. It's not an unfair or hard request.

  78. Re:Freedom of Speech by Kaz+Riprock · · Score: 2
    There are not enough blind people flying these days to give a beneficial cost/analysis for any airline to redesign its website in the interest of reader programs. This is why there is an ADA in the first place.


    Market pressure only works when there's enough of a force to cause a pressure. Otherwise, a segment of the population can be ignored.


    For a good example of this, find out which theater in your area runs open-captioned movies (text on screen...and isn't a foreign film) for the deaf. Try only going to the open-captioned movies for a few months. You'll usually get one movie a week (their choice, not your's)...one day of the week...and one showtime for the day. Imagine the movie theater telling you when, where, and how often you can watch films in current release on the big screen (nevermind the fact that the open-captioning can sometimes be extremely shoddy in description of the sounds).


    Without the ADA, do you really think the theater's making billions over its competition off of being the only one in town to take a single showtime of its entire week and dedicating it to the deaf and their friends?


    Businesses concern themselves with money first. Society concerns itself with people first. There will be conflicts, but so far, the resolutions have been fair and equitable. For example, there was a lawsuit not long ago because a wheelchair-bound person claimed that the handicapped seating in stadium theaters is not reasonable (down low and to the side). She wanted to force the theater to install an elevator system behind the seating to lift her to a higher vantage. IIRC, she lost and the judge told her it was unreasonable to put the theater through that sort of trouble since they did provide a fair and reasonable area of which non-handicapped people were also often relegated due to seating capacity.


    These things work out in the best interests of all of us usually. I think reader program accessible websites are a valid concern. It also certainly wouldn't be difficult to put in a "go to this address instead" meta tag for the reader software to pick up on. Most of us don't code HTML/DHTML by hand anymore anyways, so it'd be easy enough to put it into the auto-create template for your favorite web designer...hell, add a lynx address too for the gui-disabled.

    --
    Mordor...a magical, mythical land where women are more rare than dragons--but where every man would rather find a dragon
  79. Re:Form of involuntary servitude by cpt+kangarooski · · Score: 2

    In the one case, government demands that A serve B regardless of A's wishes, or face punishment.

    In the other case, government demands that A not go onto B's land regardless of A's wishes, or face punishment.

    If slavery is so expansive then objection to it becomes unsupportable unless you're simply advocating anarchy. If you want the rule of law then there's pretty certainly going to have to be a way to force people to comply with those laws even if they don't want to of their own accord.

    Here, I don't believe this is slavery. No businessman is stupid enough to claim that he is not reliant on governmental regulation. Government enforces contracts. It breaks up trusts. It keeps banks solvent. It supports the system of commercial paper that permit the buying and selling of goods reliably at a distance in time and space. It provides property law. Business cannot thrive without government and frankly, would be so impovershed without it that it would barely exist.

    This is vastly different from a standpoint of abhoring and fighting slavery -- real slavery -- in all its forms.

    So the difference seems obvious to me. What makes you think that a regulation on business such as requring them to provide lighted exit signs in event of fire is the same as putting people in chains, treating them as property, and whipping them into submission are similar?

    Slavery is not JUST involuntarily serving another. I admit; the difference is difficult to articulate. But I am certain that if you asked a hundred people whether or not ordinary regulation is the same as chattle slavery, you'd get a hundred people telling you you're a fool for even having to ask.

    --
    -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
  80. What if I want to use Flash? by raygundan · · Score: 2

    I see no problem making web sites like the airline in question accessible to impaired people. The issue is where the line gets drawn, and by whom. The web encompasses more than just simple services like airline tickets-- it is also an artistic medium, a place people throw their diaries, a good way for a grad student to post their research quickly, or a way to make stupid jokes to share with the world.

    Without very careful consideration, a law as thorough as our current physical-world rules would make large pieces of the web illegal. For example-- that funny flash movie with no vocals your friend sent you (frog in a blender, anyone?) is now off-limits. How could you possibly make that accessible? A page showing a montage of photographs? There are a number of things that are purely or significantly visual on the web that would be impossible to make accessible to the sight impaired.

    A law is needed-- blind people make up such a tiny percentage of the population that they don't make up enough of a group to have any impact on the market financially. But the law needs to be a masterpiece of careful thought and planning, or it will strip the web of purely visual artworks, and make information exchange via quick-and-dirty sites a thing of the past.

  81. These are not public services... by curunir · · Score: 2

    These services are available to anyone who has enough money to purchase a computer. That's a huge difference. This means that there is a whole section of the population who does not have access to the services. These people are limited to calling Southwest's toll-free customer service line. That service, which *is* available to everyone, is fully accessible to the blind.

    Not to be cold about it, but what makes you think that a blind person is more entitled to some web service than some person on welfare who has no possibility of even owning a computer?

    --
    "Don't blame me, I voted for Kodos!"
    1. Re:These are not public services... by Ted_Green · · Score: 2


      Nothing. Not having money and not having a computer is not considered a disablity. Your arugment would only be valid if it were.

      We are arguing two differnt things.

      I'm arguing what the law says a person is entitled to under the ADA.

      You seem to be aruging what a person *should be* entilted to. I have no statment on that matter.

    2. Re:These are not public services... by curunir · · Score: 2

      How are they two different things?

      I'm arguing the definition of publicly available (a term you used.) If something is not made available to the entirety of the public, how can it be considered publicly available?

      If there's any argument to be made under the ADA, it's that computer makers like Dell and Gateway (and by extension, Microsoft) are not offering an equal product to the blind.

      But as long as a service requires that you meet some qualification, it isn't public...and it's not right to value one qualification (being blind) over another one (not being able to afford a computer.)

      --
      "Don't blame me, I voted for Kodos!"
    3. Re:These are not public services... by Ted_Green · · Score: 2

      "How are they two different things?

      I'm arguing the definition of publicly available (a term you used.) If something is not made available to the entirety of the public, how can it be considered publicly available?"

      They're differnt because you're aruging from your own definition standpoint. I'm aruging from the legal one.

      The goverment qualifies what is to be considered "publicly available".

      We can argue indefinitatly about the validity of the goverment's definition, but it doesn't change the definition.

      "If there's any argument to be made under the ADA, it's that computer makers like Dell and Gateway (and by extension, Microsoft) are not offering an equal product to the blind."

      Don't you mean the poor?

      "But as long as a service requires that you meet some qualification, it isn't public...and it's not right to value one qualification (being blind) over another one (not being able to afford a computer.)"

      Why isn't it right to value one qualification over another?
      You can generaly help yourself from being poor.
      You can't generaly help yourself from being blind.

  82. Re:This is a different problem from physical acces by starseeker · · Score: 2

    I agree it's not unfair, but I'll believe it's not hard when I see it happen.

    That may be overkill, but let me explain.

    You probably know more about the technology out there for this, so if you say the tools are sufficient I'll accept that as a basis for discussion. (Aside question - I wonder about support for multiple languages, though - are there tools to address that?)

    Many commercial sites use all sorts of tricks to add visual effects to their pages, and many did/do not consider the audio side of things. This means re-evaluating their page from the point of view of a blind user. Consider that a larger company may have hundreds/thousands of pages needing evaluation. That's a job in and of itself. Then site wide corrections need to be made. Or, alternately, a parallel site specifically designed for audio may be developed, which would also be a large task. If the webpage writers don't know the first thing about audio display, they have to learn about it. More time and money.

    If the tools and protocals do in fact exist, that will help a great deal. But the sheer amount of content that needs to be re-evaluated will make it a huge task. Maybe not for well designed and implimented sites using largely standard protocals, but I guess I'm too cynical to believe that most commercial websites are implimented that way.

    There may be an underlying assumption I'm making that you're not - companies will undertake this solely and only to reduce their legal vulnerability. I.e., the want to make it very hard for anyone to even bring a lawsuit, since any legal action at all costs money. I suspect they will worry about people saying that because the site doesn't have feature a or b they are treating blind people as second class citizens. I don't know how you or the law define usable, but unless this law is different from most other legal matters it will need to be interpreted in court. More time and money for companies. So if they reason it out and decide that they will likely get sued in any case, and since so many of them settle out of court even when they could win, they may conclude that the effort it would take to do a good audio presentation of their poorly written site isn't worth the extra time and money.

    This is just my take on it. I hope I'm wrong and you're right - it would be better for everyone. And indeed a small effort would likely make a big difference. But in my perhaps overly cynical view it's a lot of work for a dubious monetary payoff (helping blind people use the web better is worth a lot, but doesn't show up on quarterly profit reports) since they likely will be sued by someone regardless.

    --
    "I object to doing things that computers can do." -- Olin Shivers, lispers.org
  83. I'm legally deaf-blind and this happens... by lemkebeth · · Score: 2, Interesting

    ...because companies don't give a rats ass about accessibility. Now the ADA DOES apply to web sites.

    If you provide a service in the States, then you are liable.

    Besides, the sort of thing that you are asking for is a very simple thing to implement. For instance Alt tags for images.

    I've seen a lot of commercial sites that don't have the alt text.

    Talk to a lawyer, I know one who could tell you that this is an open and shut case and Southwest won't win.

    On an unrelated note, a lot of theaters STILL don't carry open captioned films even though they are required to by law. I'm getting sick of it enough that I MIGHT sue a theater.

    1. Re:I'm legally deaf-blind and this happens... by Nathaniel · · Score: 2
      "Now the ADA DOES apply to web sites."

      Can you provide a citation showing that the ADA applies to web sites of private businesses? Didn't think so.

      "Besides, the sort of thing that you are asking for is a very simple thing to implement. For instance Alt tags for images."

      This could be seen as a 'tip of the wedge' sort of issue. First alt tags. A couple more itterations and flash might be illegal. Not that I'd miss it.

      "I've seen a lot of commercial sites that don't have the alt text."

      Doesn't that suggest that this isn't really a trivial issue? Consider all the 'web developers' out there that use a web authoring tool and don't really know HTML. There's a large education issue involved here, plus many changes to many old pages.

      And just how many blind web users planing their own flights do you suppose Southwest thinks there are anyway?

      "Talk to a lawyer, I know one who could tell you that this is an open and shut case and Southwest won't win."

      But you haven't actually ask that lawyer yet, right? And you're already 0 for 2 in that post by my count. Forgive me for doubting you.

    2. Re:I'm legally deaf-blind and this happens... by Nathaniel · · Score: 2
      "If you don't have a problem with providing wheelchair ramps to help accessibility (which is probably far more
      expensive than having your webmaster do a couple of days work), then you shouldn't have a problem with this."


      I have a problem with forcing somenoe to do two days work without compensation, even if I personally think it's a really good idea.


      If we say today 'two days work isn't all that much', then next year we will be saying 'two weeks work isn't all that much'. Once you accept that you can force someone else to do unpaid work on your behalf, you've crossed the line.

    3. Re:I'm legally deaf-blind and this happens... by Nathaniel · · Score: 2
      "I have asked said lawyer you are the one who I'm calling the bluff on."


      Now I'm really confused. Just what do you think I've done that you can sue me for?


      "Besides making a site
      accessible basically means good coding practices and using standards which, I might add you should have done
      in the first place."


      You appear to be asusming that I'm in some way associated with Southwest. I'm not. I've been arguing that this potential case doesn't belong in the courts, and that Southwest, although they ought to fix their site, should not be required to do so, because that would be ethically indestinguisable from state sanctioned slavery.

    4. Re:I'm legally deaf-blind and this happens... by Nathaniel · · Score: 2

      Alright then, I was just confused by the 'calling your bluff' language. My mistake.

  84. Re:Form of involuntary servitude by mc6809e · · Score: 2

    In the one case, government demands that A serve B regardless of A's wishes, or face punishment.

    In the other case, government demands that A not go onto B's land regardless of A's wishes, or face punishment.

    If slavery is so expansive then objection to it becomes unsupportable unless you're simply advocating anarchy. If you want the rule of law then there's pretty certainly going to have to be a way to force people to comply with those laws even if they don't want to of their own accord.


    The difference is that forcing people to comply with the law in the first case means something different then forcing people to comply with it in the second. In the first case, someone is indeed being made to do something for someone else or face punishment. They are being made to comply. In the second case, avoiding punishment is as simple as just doing nothing. You aren't being made to comply or actually being made to do anything.

    Consider the former slaves of the south after the civil war. We agree that they were slaves before the civil war and free afterwards. What changed? After the civil war, they were still subject to tresspass laws, laws against theft, etc. There was still a threat of punishment for doing certain things. Does this mean they just changed masters? Did the Union become the master? I don't think so. If the Union of the North had simply taken over the plantations and forced the slaves to continue working, we'd say they had a different master then. But this didn't happen. What changed is that before they were forced to work for another and after they were no longer forced. This shows that the threat of punishment is a necessary, but not sufficient for slavery. Forcing one to serve another is also required.

    So the difference seems obvious to me. What makes you think that a regulation on business such as requring them to provide lighted exit signs in event of fire is the same as putting people in chains, treating them as property, and whipping them into submission are similar?


    I'm not sure the example of fire exit signs is the same as ADA requirements. Please don't think I'm objecting to all rules and regulations that might be placed on a business. I'm not advocating anarchy. I don't think this is an argument about regulation versus no regulation. Some rules are needed to have a functioning economy. Its the nature of the rules that is important.

    I also think your example is a bad one because you're trying to place emphasis on the difference in the degrees of punishment involved. This isn't an argument about the different degrees of punishment. What is common to the ADA requirements and slavery is that one person is being forced to serve another or be punished. This is the very definition of slavery.

    Slavery is not JUST involuntarily serving another. I admit; the difference is difficult to articulate.

    When you discover what else is necessary to have slavery, please let me know. So far the difference just seems to be a matter of degree.

    But I am certain that if you asked a hundred people whether or not ordinary regulation is the same as chattle slavery, you'd get a hundred people telling you you're a fool for even having to ask.

    Again, its the type of regulation thats important.

  85. Flash by SuperKendall · · Score: 3, Insightful

    To quote you out of context:

    How many major sites now use flash, can the screen reader translate that?

    Not only might the screen reader not be able to read this, but chances are my PDA can't either!!

    Sites that use only flash, or make important data require flash to access, are not a good thing. There should always be some way that someone with the most basic browser can get to information they need. Furthermore they lock themselves away from many wireless or small device users.

    Companies, think carefully before thowing away future customers! Text is simply the best way of transmitting most information that humans want to see (even text directions can be better than a map at times!!), and as such plan for a future that integrates text with diagrams, rather than throwing it away.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
    1. Re:Flash by Isofarro · · Score: 2
      The latest versions of Flash have support for accessibility.


      HTML has been supporting accessibility from day one, yet web designers persist in making their designs inaccessible. Why would Flash's support of accessibility* suddenly make designers more capable of accessibility when their current HTML abilities prevent them from doing so?

      (which is largely based on Microsoft's Accessibility as documented in their inaccessible website)
    2. Re:Flash by phorm · · Score: 2

      Why do people use flash? Because while HTML is nice for static presentation, flash makes things get noticed. Which do you notice more, a static billboard or one that moves in some way (eventually you ignore both if you see them everyday, but chances are you've glanced at the moving one once or twice while all static boards look the same).

      The smart thing would be to have an HTML and flash version. It doesn't *really* take too much work to make an accompanying HTML page, especially if you made the HTML then the flash. The main concern would probably be on consistently updated pages. Updating HTML and flash would be a pain, but then, that's what databases and scripting languages are for.

    3. Re:Flash by overunderunderdone · · Score: 2

      Sites that use only flash, or make important data require flash to access, are not a good thing.

      Yes, it is stupid BUT is it the governments job to tell you what you can and can't use on your site?

      This whole lawsuit is idiotic and I hope that not only does it get thrown out but that those bringing the suit are penalized in some way. First off as others have pointed out Southwest is not denying the blind anything - all the information and more is available via the call center.

      Secondly, and this is the very un-PC side. I think it is nice, good and wonderful for people to go through extra effort to compensate for peoples disabilities. But I think we must be very careful with how far we mandate it. There is probably an infinite amount of effort, time and money you can go through to compensate for those lacked abilities (the "dis-" in "disability") to get ever decreasing returns. Look at this case: I'm sure Southwest can go (& may be required to go) far further than just putting text in the "alt" tags & getting rid of Flash. But no matter how much extra effort they put into the site it will still suck for the blind compared to the simple phone call that is already available.

    4. Re:Flash by Isofarro · · Score: 2
      flash makes things get noticed.


      If Flash is needed to draw attention to something on a website, then it indicates a severe usability problem already. People don't just walk past websites, so they don't need to have their eyes caught by something. People come to a site from a link, sometimes from a search engine, sometimes from a link from an email - either way, they know what they are looking for. So instead of wasting time on getting something else noticed, you'd be far better off giving the visitor exactly what they initially wanted.

      Which do you notice more, a static billboard or one that moves in some way


      I notice the real content on the page, since I have Flash and Javascript disabled. Once web designers realise why people visit websites and they give up this ludicrous belief that they know more about the visitor and his requirements than the visitor himself, then just maybe there'll be a use for Flash.

      What's the point of accessible Flash if all you are going to do with it is piss off visitors?

      The smart thing would be to have an HTML and flash version.


      If doubling the cost of creating a website is your idea of "smart".
  86. The Downfall of this Society by strictnein · · Score: 4, Insightful

    are lawyers. Why does the US have half the worlds lawyers? It really makes no sense.

    Anyways. The clear answers to this blind persons problem is that instead of suing a company for not supporting their method of access, use your power as a member of a capitalistic society, and send a message with your money.

    Find another company that supports you better, and spend your money with them.

    Why does common logic like this escape so many people?

    1. Re:The Downfall of this Society by bigmouth_strikes · · Score: 2

      The clear answers to this blind persons problem is that instead of suing a company for not supporting their method of access, use your power as a member of a capitalistic society, and send a message with your money.

      Find another company that supports you better, and spend your money with them.


      So it's OK for companies to screw people over - even breaking the law - if they are willing to lose you as a customer ?

      Philip Morris has been in the business of killing it customers for quite some time, and they're doing good (up until now at least...) . It's a myth that individual customers have an effect on large corporations. They just don't have to care.

      --
      Oh, I can't help quoting you because everything that you said rings true
  87. What are you talking about. by SuperKendall · · Score: 3, Insightful

    I think the line is very clear. What you described is obviously fine, and blind people would have no problems with something like an art site that used Flash or movies of any sort.

    The line is in my mind lives about where it lives right now in the physical world, and as with so many things needs only slight clarification instead of major overhaul. If your web site is for a commercial entity to be accesses by the public than you need to make any pages external customers might access in the course of doing business with you accessible.

    If you're smart then you'll also make internal pages accessible as well so that when someone who does fall under the ADA guidelines gets hired, you wont have any problems. Even better, how aboput making sure your crucial internal app is not the reason the company has to turn somebody away because they will not be able to run it, who then sues you as a result (only a step away from this story).

    I really can't believe all the people here pushing back on this issue. I like to think that, god forbid, something really bad should happen to me I'd still be able to work AND use the internet for leisure. A lot of people here seem to be fine with the thought that the internet as a body should cast away anyone without two hands, great reflexes, and 20/20 vision.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  88. Re:All Sites by dbrutus · · Score: 3, Informative

    Actually, there's been a braille edition of Playboy available since at least 1970. At least Playboy says so.

  89. Let's sum it all up by jfmiller · · Score: 2, Interesting
    Ok folks here's what all the descussion boils down to:
    • Does the ADA apply to the web?

    • We can all agree that when the ADA was passed it didn't have the internet in mind. The defense will agrue that it therefore doesn't apply to the web. The procicution will argue that the internet has become a normal part of life for most people and that it should therefore be covered under the ADA. Would you be able to function "normally" if you couldn't use the net?

    • Is the service provided by SW's website available to the ADA protected groups?

    • I don't think the facts of the case are in dispute. the plantif clearly can't use the sight and sence you've been there you know why. (You have been there right) The question then becomes could the plaintif have recieved the same service by some other means. (The telephone seems to be mentioned alot) the answer is here clearly no. In order to get the discounds for some of these programs you must use the web interface. To give and analogy in the brick and morter world, what would happen if you got %50 off movie tickets provided you only used the stairs?

    • Assuming the two questions above are 'yes', must SouthWest change it's sight?

    • Here things get a bit trickier. SW must provide the same services offered on the web to ADA protected people. This could simple mean a note at the bottom of some pages stating that people with visual impairment may receive web only offers by phone. If on the other hand it is ruled that there is something intrinsically serviceable about SW's web page then they very well may have to change there sight.

    • How would a guilt verdict effect the rest of the web?

    • First off this part will depend a lot on how the previous questions were answered. Second it will depend on what gets ruled as a service. To give an example, I'm fairly sure Hotmail doesn't work with the web reader. There is also the issue of what standards will have to be met. Wheel chair ramps must be wide enough to accommodate a standard wheelchair, and everyone knows how big that is because it's in the code. On the other hand there is no standard for web readers. Establishing one (if necessary) will be a long and painful processes with lots of lawyers involved.

    In the end, I (and IANAL) believe that the ADA will apply in a very limited fashion to the web, simply requiring that ADA protected groups be able to access services availably on the web either directly or through alternate means (telephone). Ialso think it will apply only to those buisnesses that offer non-web based services through web interfaces. It will take another case to clarify what happens to sights sell goods, and sights that offer only web based services (like slashdot).

    In a closing note I want to remind readers that the ADA protects people from unequal treatment which they could not otherwise aviod. If every blind person in the US were to boycott SW it would not make a dent in SW's revinew. The ADA is the governments way of providing a leagle insentave to accomadate dissabled people for whom a finiantial incentive is not availible. This is not to say it isn't used like a club by scum sucking lawyers, nor is it to say that it couldn't use some fixing and clarifaction, but it is an important piece of law with it's place in our society.

    JFMILLER

    --
    Strive to make your client happy, not necessarly give them what they ask for
    1. Re:Let's sum it all up by Nathaniel · · Score: 2
      "If every blind person in the US were to boycott SW it would not make a dent in SW's revinue."

      Ah, but if a large number of blind people and friends of blind people, plus perhaps some friends of friends of blind people were to raise a stink about it, and to let Southwest know they were avoiding Southwest as a direct result, that would matter to Southwest.

  90. Don't change the issue by achurch · · Score: 2

    Fine. How about ATMs that only white men can use?

    As for "If SW Airlines doesn't want blind people for customers, so be it," replace with "If SW Airlines doesn't want black people or women for customers, so be it."

    You will probably reply that it's different.

    You bet it is. It isn't even technologically feasible to make an ATM (or web site) that only white men are capable of using. Even if it was, that would arguably take more effort than just making an ordinary ATM or web site (for example, you would have to add some way to detect whether the user was a white man or not). In those cases, I think it would be reasonable to prohibit such "features".

    But this case is different. In this case, the user actually lacks the ability to see, which is a prerequisite for functioning normally in our society, and Southwest simply hasn't added support for such users. They haven't deliberately denied access, as in your hypothetical case. Whether they should be required to add such features is certainly something that can (and should) be debated, but don't try to equate it with anti-racism and "fairness".

    There is nothing intrinsic to travel on Southwest airlines that precludes access to blind passengers.

    Yes, but what do travel on Southwest and access to Southwest's web site have to do with each other? I assume that Southwest has some sort of telephone center, which should be more than sufficient to make reservations, purchase tickets, and do anything else necessary. Even if you do argue a "right" to ride on Southwest, that doesn't equate to a "right" to use Southwest's web site. Those are two distinct actions, with different prerequisites.

    For what it's worth, my personal opinion is that Southwest shouldn't be forced to make such changes. People with disabilities ought to realize that they can't participate fully in society, and accept that. (Or else find a workaround--like the text-to-speech devices--but failings of that workaround shouldn't be made the fault of society!)

    And before you ask, yes, I would still hold the same opinion even if I was, or became, blind. (And I likewise don't go screaming ADA at companies because I happen to use Lynx a lot. I realize that by using Lynx I may not be able to use some sites--and I accept that.)

    1. Re:Don't change the issue by ttfkam · · Score: 2
      On the contrary, if ATMs were designed with accessibility guidelines in mind in the first place, it would have been very much easier to roll them out and replacement would not have been quite so much of a big deal. The point is that without the ADA, people with sight would simply ignore people with disabilities outright with no thoughts about accessibility. As more and more of these cases come through, use by the blind (and other disabilities) will go into the requirements for products and services instead of a courtroom.

      Sight is not a prerequisite for normal function in society. It is only a prerequisite for normal function when society makes no effort. There are quite a few blind people in the world that live alone, go to work, go to the supermarket, take the bus, wash their clothes, cook dinner, pay their bills, talk on the phone, and other trappings of "normal function." Your statement has the distinct odor of eugenics on it. Let's try something else: if blind people cannot function normally, what about color-blind people? I know I use color differentiation on a regular basis. What about smell? What about a sense of touch on your hands and feet? Are deaf people screwed? What if you suffer from sciatica?

      An ATM with a braille pad on it does not cost so much more than one without. It only costs so much more when you have to replace an ATM that didn't have one. On the same token, a web page can be made with established accessibility guidelines in mind and it costs about the same as one without. Replacing one that doesn't follow those guidelines is expensive. Companies operating in the United States are bound by the conditions of the ADA which has been in effect for some time now. It didn't sneak up on anyone. People who run the businesses (who most likely are not blind) simply didn't care. Now because of ADA lawsuits, they are beginning to care and many people will be the better for it.

      If you take the minimal effort to set aside an extra bin for recycled goods, it takes minimal effort when throwing things away to keep them separate. If you throw it all into one bin, separating out the recyclables is a daunting and naseating task.

      People with disabilities ought to realize that they can't participate fully in society, and accept that.

      I'm happy to see that you feel that you would hold the same opinion of the situation if you were to become blind. That's all well and good, but it's irrelevant. The ADA is not about you and hypotheticals, it's about many peoples' fact -- people who are perfectly capable of living their own lives with minimal effort on the part of society at large. They are not willing to sit back and hope that society comes to their rescue. If these minimal efforts won't be made on their behalf, what hope is there with a full-blown repeal of the ADA where they can't work, can't travel, and can't live by themselves?

      You are advocating a slippery slope. On the one hand, you have more web sites with up to date accessibility conformance. On the other, you have a large group of permanent dependents. Which do you think is greater drain on the time and resources of your society?

      Some call it compassion. I call it "in your best interests" when you look at the bottom line.
      --

      - I don't need to go outside, my CRT tan'll do me just fine.
    2. Re:Don't change the issue by achurch · · Score: 2

      Sight is not a prerequisite for normal function in society.

      In that case, would you kindly tell me how blind people:

      • Use visual-oriented web sites?
      • Determine the color of a traffic light?
      • Watch a sunset?

      Or do you think the world would be better off without all those?

      Your statement has the distinct odor of eugenics on it.

      I never said anything about eliminating people with disabilities (or whatever the politically-correct term of the day is). I only said that they should recognize and accept their differences from other members of society, or else find ways to remove/overcome those differences. I don't, however, think the entire world should sink to a lowest-common-denominator standard just because a small proportion of the population lacks certain abilities that the rest have.

      Let's try something else: if blind people cannot function normally, what about color-blind people?

      I have a friend who's red-green color-blind. He's commented occasionally on the frustration of dealing with images that rely on those colors; I remember one particular case in a video game where the screen went red, and he said it looked black and couldn't see anything. Not as severe a handicap as blindness, granted, but I wouldn't exactly call that "functioning normally", would you?

      (quoting myself:) People with disabilities ought to realize that they can't participate fully in society, and accept that.

      On rereading my message, it looks like it could easily be understood as saying "accessibility is bad". That wasn't my intention, and isn't my belief; I have no problems with--and support--accessibility, to the extent that it doesn't reduce the quality or usefulness of the thing in question for everyone else (and certainly making websites usable by text-only browsers doesn't have such problems if done properly). I do, however, disagree with such measures being required by law, at least for private organizations--and especially in this case, where the guy who filed the suit could have just made his reservation by phone. Even assuming it would be proper to force Southwest to allow blind people to ride on its airplanes, I don't see the logic in forcing them to allow blind people to use a particular method of reservation, especially when an equivalent alternative is available.

  91. Re:Wouldn't it be cheaper by dbrutus · · Score: 2

    Anybody who has been hiring professional web talent to do their commercial site should have been warned about this ever since the ADA was passed. There are legal obligations for any commercial communication, print, radio, TV, or web. If corporate legal passed on it they were very much in the wrong. I've been on projects where I've brought this up and was told "screw 'em, we don't care".

    Now personally, I don't think that the ADA is particularly good law (partially for the compliance costs) but it *is* the law. The people who wrote the sites and maintained them had an obligation to be compliant. Lots of people have managed to do it just fine. Either get the law changed, comply with the law, or just be prepared to get legally screwed as part of civil disobedience. Contributing to the breakdown of the rule of law is just not an option as far as I'm concerned.

    As airlines are moving to e-ticket and internet ticketing savings it's not a good commercial idea to shut out the disabled from those discounts and it's not legal in the US and many other countries.

  92. Re:Good thing by dbrutus · · Score: 2

    That wouldn't necessarily trip up a text reader if they properly put in 'ALT' tags.

  93. Capable? by achurch · · Score: 2

    IMO, requiring businesses to provide accesibility measures for the disabled is a justified restriction to place on the non-disabled. Consider that without the accesibility laws, businesses don't provide them on their own good will, and the disabled are unable to function even if they are capable. [emphasis added]

    So what, in your mind, makes a blind person "capable" of using a (visual-oriented) web site?

    1. Re:Capable? by scotch · · Score: 2
      So what, in your mind, makes a blind person "capable" of using a (visual-oriented) web site?

      The simple fact that they can use the web. Are you kidding? How the fuck do you think the software the blind person uses works? By converting text to speech. didn't you read the article?

      A well constructed website with the intenet of providing information and services (such as the SWA site) should be easily representable with text (perhaps in addition to the glitzier media), something that the blind can deal with with the help of special software.

      --
      XML causes global warming.
    2. Re:Capable? by achurch · · Score: 2

      So what, in your mind, makes a blind person "capable" of using a (visual-oriented) web site?

      The simple fact that they can use the web.

      Last I checked, "a (visual-oriented) web site" and "the web" are two different things. Perhaps I shouldn't have put "visual-oriented" in parentheses, but my point is that this particular web site was designed with visual aspects in mind, and regardless of whether that's a good idea or not, the fact remains that people without vision are incapable of using such sites.

    3. Re:Capable? by scotch · · Score: 2
      All you are doing is re-stating the facts in this particular lawsuit. That's what this case is all about: SWA, by making their website only visually oriented, is not allowing accessibility. Somehow, you have the idea that the presentation is more important on its own that the information provided.

      Is there something fundamentally visual about the content of the SWA website (reservations, flight status, etc)? You be the judge.

      Frankly, I don't really give a fuck about the topic anymore. Apparently, there are many slashdot readers that think the ADA is bullshit, that societal concession made to the disabled are a waste of resources, that racial, sexual, and other discrimination shouldn't be prevented by law, that somehow, the free market will work these situations out for the best. Because, obviously, we were doing so well just letting things work themselves out before the civil rights movement. Anyway, my power to convince is low, and my motivation, dipping lower. HAND.

      --
      XML causes global warming.
  94. Re:Doesn't answer the question by Reziac · · Score: 2

    Heh... I'm reminded of my attempt to play DOOM blindfolded. I did actually make it to the exit alive, but it was a near thing. Also once had to input a bunch of articles in WordPerfect -- with no monitor. Thank ghu for DOS. :)

    But the point I see is, the world at large isn't designed AGAINST the disabled (contrary to what some activists claim); it just isn't designed FOR them. Rather, the world is designed to accomodate the *average* person.

    --
    ~REZ~ #43301. Who'd fake being me anyway?
  95. How about blind pr0n users by mesocyclone · · Score: 2

    Next I suppose we will have a lawsuit from a visually challenged person that they cannot get proper access to a pr0n site. The court will rule that the site must provide blow-up dolls hooked to the web browser and controlled by Javascript for the poor guy.

    Long ago, a science fiction writer (I don't remember who, unfortunately) wrote a short story about a society which tried to equalize everything for everybody. If you were too fast, you wore weights to slow you down. If you were too smart, you wore a device that randomly made a loud noise and startled you out of your train of thought.

    We are headed that way!

    --

    The only good weather is bad weather.

    1. Re:How about blind pr0n users by reflector · · Score: 3, Insightful


      Long ago, a science fiction writer (I don't remember who, unfortunately) wrote a short story about a society which tried to equalize everything for everybody. If you were too fast, you wore weights to slow you down. If you were too smart, you wore a device that randomly made a loud noise and startled you out of your train of thought.


      sounds like "harrison bergeron" by kurt vonnegut. an excellent story, made into a tv-movie in 1995, also very good:
      http://us.imdb.com/Title?0113264

  96. Re:Good thing by EvanED · · Score: 2

    I haven't used Opera (I'm on Mozilla), but reading the description of this "feature" - that is, resizing bitmaps - perhaps because resized bitmaps look like shit? Especially if not done by a factor of 2?

  97. Re:isn't this covered under this... ? by dbrutus · · Score: 5, Insightful

    I think that the problem with the SouthWest site is simply that they use graphics links that don't specify their alt tags. At least when I ran it through the w3c's HTML validator that's the main complaint. This isn't rocket science, nor is it very hard to comply with. We're not talking about a lot of money and if their web guys had followed standard industry best practices there wouldn't have been a problem.

    As a bonus, you make your site accessible via Lynx so it wouldn't just be a benefit to the blind.

    I don't know who did the SW airlines site but they weren't served very well.

  98. Re:Yet another thing to think about by dbrutus · · Score: 2

    I reviewed a couple of pages in the site. The main issues seem to be that there's no DTD (not a blind issue) and no image alt tags for navigation (very much a problem for the blind and for text browsers). SW hired bad web designers and they had clueless lawyers review the design contract. A simple clause requiring compliance with all relevant legal standards would have done the trick.

  99. Re:Yet another thing to think about by dbrutus · · Score: 2

    Hello, in this case we're most likely talking about image links with no alt tags. In this particular instance, following w3c standards would likely have solved the whole issue without having a PR black eye and running up legal bills.

    Go to the southwest site and just look at the code or run it through the w3c html validator.

  100. you're "rights" are paid for by me by b17bmbr · · Score: 2, Insightful

    do you drive a car? should we make the streets blind accessible?

    Rights do not impose burdens upon others. Laws like this, which can be easily be carried to extremes, can be stifling. For example, I am a public school teacher. We are being killed by special ed. There is no limit to what can be asked for, and gotten. Parents get "advocates" and lawsuits kill the schools. Most of these kids are totally fine, just that the parents abuse the laws.

    Remember what Barry Goldwater said, "A government big enough to give you everything, is big enough to take it all away".

    --
    My problem? I was perfectly gruntled, until some numbnuts came by and dissed me.
  101. Re:Who's fault, another spin-Forget-me-not. by dbrutus · · Score: 2

    The web designers who created the website seem to have no understanding of either DTDs or image alt tags. If they went back and filled in those values, I think SW wouldn't be inaccessible to the blind.

    It's just a very dumb situation that never should have gotten to the lawsuit level. SW's shareholders are being ill served by the situation.

  102. Instructions? by Erpo · · Score: 2

    Those aren't instructions. Learn braille! It says:

    Warning: You are currently standing in front of a drive-up atm. Please move out of the way before you are run over by a careless driver intent on withdrawing $20.00.

  103. Re: Sorry elitist, it's *you* who are wrong! by dbrutus · · Score: 2

    Southwest airlines has a fiduciary duty to its shareholders to maximize its customer base so that every profitable customer who's going to behave responsibly (no terrorists please) gets served.

    This maximizes profits and makes the shareholders happy. If Southwest management had either followed w3c standards and filled in their alt tags or Southwest airlines legal had put a requirement for their web consultants to follow best practices or at least current law, none of this would have happened.

    In short, there's a perfectly free market way of looking at the situation and coming to the conclusion that Southwest has screwed up.

    The major problem is that Southwest management (and every other corporate mangement under the sun) has decided not to make use of technology so that shareholders can exercise meaningful control over their companies. Thus you end up with an expensive, embarrassing lawsuit that would have been much more quickly, efficiently resolved if the owners could meaningfully manage their employees.

  104. Re:Doesn't answer the question by mdechene · · Score: 2, Informative

    Actually, /. Posted a story awhile back about people who made a mod for blind people to play quake. Here is the link.

    --

    Karma: Not Particularly Funny.
  105. This "primarily visual" web people write about? by geekotourist · · Score: 5, Insightful
    When you write about the web being visual, what do you mean? It's a web composed of mediaglyphics and icons? Which only computers with optical sensors can process? And it only covers topics like card tricks, miming, photography, optical illusions and other topics which *must* be seen to be appreciated? (Or the opposite in the case of mimes?)

    Haven't spent to much time on that web, myself. The web I use tends to be composed of information, usually in the form of little magnetic bits aligned in one direction or another. As I'm unable to access info directly from magnetic media, I prefer to get that info in the form of written words. But this web I use isn't inherently visual- I could get the same information aurally, just not as quickly. A SQL query on a database to retrieve a ticket price-- nothing inherently visual about that, except the purely personal aspect of me reading the results rather than hearing them.

    But then until 1997 or so I did most of my web browsing in Lynx, and I'd be happy enough to be able to do so again. When I want a pure reading experience, all the "inherently visual" aspects of the web get in the way: text is quick to download, unlike all the gifs and flash bouncing advertisements. So I'm not unhappy about people pushing for ADA and accessability standards for web pages: what makes for better access for the blind also makes for an easier, faster, and less stupid-blinking-ads experience for me.

  106. As someone who walks everywhere. . . by Bastian · · Score: 2

    I've always thought people who think you have to be able to drive to use a drive-up ATM are complete and total gits.

    If someone invented a technique to graft a person's ass to a bucket seat, Americans would be lining up out into the street to get it done.

  107. Re:All Sites by Gordonjcp · · Score: 2

    ... applies here in sweden...

    Perhaps English isn't the poster's first language?

  108. God.... by autopr0n · · Score: 2

    All you have to do is have your content be available in plain text format. In otherwords, plain HTML. If you do this, your page will be compliant.

    It actualy takes work to make webpages incompatable.

    You don't have to translate you're page into 300 languages at all.

    --
    autopr0n is like, down and stuff.
    1. Re:God.... by yog · · Score: 2

      Yes, and not only that, but it also makes good business sense to make your page as accessible as possible. Does a mail order house really wish to cut off a couple million sight-impaired people just because the web designer couldn't be bothered to put in ALT tags and maintain a plain text, non-Flash version?

      Anyway this should be in the "duh" category, similar to not holding hot coffee between your legs, and should not merit a lawsuit. Mandating a mechanical compliance with an arbitrary, catch-all law is the bad way; educating the public to understand the advantages of accessibility is the good way.

      --
      it's = "it is"; its = possessive. E.g., it's flapping its wings.
  109. You knew it had to be coming by Quila · · Score: 3, Insightful

    The government's been requiring almost all IT products including web sites be accessible for years. If you do design for anything government-related, you're used to this by now. And you know how government self-regulation has a habit of leaking out to the country at large.

    If you need to make a site accessible quickly, or develop an accessible one from scratch, get InFocus from SSB.

  110. No. by autopr0n · · Score: 5, Insightful

    To have the govt set up a service with humans that read web sites to any blind web surfer? Could be linked via a collaboration program so both would be seeing the same site. Overall, this seems cheaper to the US economy than forcing every business in the US to redesign their web site.

    Have you ever heard of this thing called "HTML"? If you use this "HTML" stuff to design your website, it will be able to be read by blind people. If on the other hand, you use flash, or put all your textual content in .gif files or something it won't be.

    In other words, you actually have to work to make a website that can't be read by blind people. Since these companies already put so much effort only to exclude people, they might as well put in a little more to fix the problem.

    --
    autopr0n is like, down and stuff.
  111. Ignorance is the ultimate handicap by Arker · · Score: 2

    Now, we add a whole new method of content rendering. We can't even impliment the main standards properly.

    We can do so, a trained monkey could almost do so, it's quite easy to do... the problem is instead of trained monkeys we have so-called web designers that refuse to learn the basic facts about HTML. I don't know if you're one of them or not, but your post is a perfect example of the ignorant arrogance I'm talking about.

    How do we plan to ensure that an audio interface can successfully read a website, as well?

    By using HTML. Very simple. If your website is readable with lynx, it's readable for the blind. If it's not, you need to learn HTML and fix it.

    Keep in mind that this is not what the web was originally designed to handle.

    No, this is exactly what the web was originally designed to handle. Ever wonder why it's so difficult to control page layout exactly with HTML? It's because HTML is a content language, not a layout language. It was designed from the beginning to leave 'layout' decisions up to the browser, for precisely the reason that it was designed to be accessible via every disparate 'viewing' device imaginable, explicitely including teletypes and voice-readers!

    Here go educate yourself.

    --
    =-=-=-=-=-=-=-=-=-=-=-=-=-=-
    Friends don't let friends enable ecmascript.
  112. SouthWest Airlines website statistics by Anonymous Coward · · Score: 2, Informative

    Out of curiousity on how much work would be involved to populate the ALT tags on the www.southwest.com airlines website, I discovered the following statistics:

    According to the HTTP header for requests on port 80 and 443 (SSL), SouthWest is using Netscape-Enterprise/3.6 SP3. Since the latest version is 6.0 SP4, I would not trust their website to be secure (SSL does not matter if the dated web server has security holes).

    The website was retrieved using "wget -r -l 1000 http://www.southwest.com/" Although wget honors restrictions stated in the robots.txt file, it only disallowed cgi-bin.

    The recursive fetch of the website contains the follow file make up:
    811 html files
    571 gif files
    258 jpg files
    18 pdf files
    5 other file formats

    The html files contain:
    14 unique cgi-bin references
    34,713 total IMG tags
    682 IMG tags with ALT attribute (less than 2%)

    The remaining 34,031 IMG tags without an ALT attribute contain only 364 unique references.

    Hence, I believe I could write a sed script to update each HTML file to contain the approbate ALT text for every IMG tag in less than 7 hours. I would be willing to do the work for $500 provided that I was also contracted for another $500 to install a licensed copy of Netscape-Enterprise/Sun ONE Enterprise Web Server v6.0 SP4 ($1,495) and install the latest Solaris 8 recommended patch cluster (although the web server update is a seprate issue, I don't like to leave a job/situation half done). I would have to be able to see the 14 cgi scripts before deciding how much to charge to modify them to also output approbate ALT text but I would imagine that would be under $1,000.

    In the end, I believe that SouthWest airlines has saved approx. $3,500 by violating the HTMLv4 specification requiring ALT attributes for every IMG tag and by continuing to run an outdated version of Netscape-Enterprise web server. Considering that a lawsuit will probably cost them over 30 times that amount, hopefully they will learn to be willing to spend the money in the future to keep their files and software up to date.

  113. Why do you ask? by Arker · · Score: 2

    I just looked at your page, it's fine... any page that's written in real HTML is fine. So why the concern?

    --
    =-=-=-=-=-=-=-=-=-=-=-=-=-=-
    Friends don't let friends enable ecmascript.
  114. Alternative Browers Users, This Is Your Chance! by md17 · · Score: 2

    I have read a lot of negative comments about not supporting the ADA on this one... But then I thought, why not use this as an oppurtunity to have web sites forced to be compilant with standards? No more ActiveX sites that don't work with Mozilla... No more sites that say: "Your Opera browser is not compatible with this site. Please use IE 5.5 or 6" Wouldn't that be nice? Now I hate legislation too, but if there is going to be legislation on this, let's use it not only for the benefit of blind people, but also us nerds! Yeah, Go ADA!!!

  115. The ADA always annoyed me by Dredd13 · · Score: 3, Insightful
    And this isn't flamebait.

    If you have a disability, why is it the world's job to cater to YOU, instead of YOUR job to adapt to the world?

    If someone is blind AND deaf, will they insist that every movie theater provide someone to do that Helen Keller style sign-language-inside-your-hand-so-you-can-feel-it to tell you what's happening on the screen and what's being said?

    I'm all for companies voluntarily making their sites/buildings/whatever more accessible, and I believe that government sites might have a greater reason to be "required" to be accessible, but to make it mandatory is just cost-shifting the expense of "being handicapped" from the person who actually is handicapped to "lots of companies who are rich and can afford it".

    1. Re:The ADA always annoyed me by radja · · Score: 2

      the adaptation is made by the merchant in the first place. when the merchant adapted the world, he should have thought of all users. a ramp is not a lot more expensive than steps, and everyone can use it. yes, adapting it afterwards is expensive. but why didn't they do it right in the first place? then it WOULDN"T be expensive, and you would have complied with the law. If you dont comply with the law in the first place, don't whine that adaptation is expensive.

      --

      No one can understand the truth until he drinks of coffee's frothy goodness.
      --Sheikh Abd-Al-Kadir, 1587
  116. Re:All Sites by blibbleblobble · · Score: 5, Informative

    Full text of the act -- now if only the DOJ would actually learn HTML and/or writing skills.

    "Heh, we're so web-savvy, we just dumped 160Kb of unformatted crap on our website"

  117. Re: Sorry elitist, it's *you* who are wrong! by blibbleblobble · · Score: 2

    "That's as ludicrous as saying every author writing a book needs to have it translated and published into every foreign language in common use"

    We provide the translators. It's equivalent to saying you can't publish a book which prevents people from reading it aloud to their blind friends.

    "The fact is, many sites right now are quite browser-dependent"

    In that case, I find it extremely useful that ADA is forcing such sites to sort their act out and get a professional site that actually works.

    "If we didn't have Javascript, web sites would be much less useful."

    Javascript is obsolete for exactly that reason: it hardly ever works. back in 1998 when IE was king, everyone had to disable javascript completely because of security risks. Now that we have mozilla, most people allow javascript to run with restrictions on it (no popups...). However, anybody who needs active content has already updated their sites to use server-side scripting which works regardless of browser.

    Simple example: a javascript website will not only look like a p.o.s. to anyone with scripts turned off (try it sometime) but won't even show up on google.

    "If this had to be presented as pure HTML... (rant about difficulty)"

    Give me your javascript source, and I'll show you how easy it is to convert to PHP.

    "This is a question of whether we want to let government dictate requirements for every site we build."

    Okay, final analogy:

    "Voting today will be done with touch-screens. Our apologies to blind people, but we do not have the resources to test our machines with a wide range of people. This voting machine is optimised for eyeball explorer(tm)."

  118. Just to mention it again - Section 508 by pease1 · · Score: 4, Informative
    US Government webmasters are required to meet basic accessibility "standards" through what is called "Section 508".

    Companies that want to make their sites more accessible, but don't want to build their own standards could always adopt the 508 standards and perhaps pick up some legal cover in the process.

    Most of the rules are basic. It does hamstring you out of some of the more sexy things (flash is difficult) but it also keeps you true (you tend not to waste taxpayer's $$$ having to make silly flash intros).

    If you have diehard GUI html designers in your shop, there are several plug-ins for Dreamweaver (and others) that force the code to be 508 compliant. Vi can write 508 code just fine.

    Many COTS vendors now also have 508 compliant versions of their s/w, otherwise they can't sell to government.

    To learn more, good place to start is the Section 508 homepage.

  119. What Screen Reader Software? by N8F8 · · Score: 2

    Would someone please give me alist of the top three or so screen readers? We have been working on 58 compliance but without an example of a screen reader it has bee very difficult.

    --
    "God fights on the side with the best artillery." - Napoleon, Marshal of France - speaking truth to power
  120. Thanks by DABANSHEE · · Score: 2

    I've saved your email address, if & when things get up & going, I'll check with you again, in case you change your mind.

    Thanks again.

  121. Re: No damages = Impossibility of civil action by benzapp · · Score: 2, Informative

    I would love to see your reference to the code on that one.

    The law excludes PUNITIVE damages, but not damages. The entire purpose of the civil justice system is damages, the idea that one party was wronged by another, and to make him whole by collecting damages. What also follows is that the loser pays the winner's attorney fees.

    Punitive damages are damages that are above and beyond what is necessary to make the plaintiff whole. They are punitive, in they are intended to discourage others from behaving in a similar manner. These are not allowed under the Americans with Disabilities Act of 1990.

    If damages were disallowed, one could not file suit. There are many examples of these kinds of laws. Instead of filing a civil suit, you make a complaint to an administrative board, and they hear your case.

    --
    I don't read or respond to AC posts
  122. Just rotten design by sjames · · Score: 2

    The idea behind the web is that the server presents the information with simple tags and the client makes rendering decisions (hopefully) based on user preferences

    Most of the terrible sites out there are the result of 4 foot tall pointy headed analy retentive control freaks who can't stand the possability that your client might render the page with a single pixel 'out of place'.

    While part of the problem is clueless companies, the real problem is clueless web designers. Companies often outsource these things to 'experts' because they know that they don't know what to do.

  123. Re:All Sites by Isofarro · · Score: 5, Insightful
    as simple as putting a link to a text-only page as the very first link at the top of the homepage. I've seen it in enough places. That's not tough, it's not expensive,


    The idea that making a text-only version of a website is all that's needed to make a website accessible is a myth. Its the same myth that provokes other webdesigners to construct "Netscape" and "IE" duplicates of websites - its ludicrous and involves some serious overheads in keeping multiple versions of a website in synch and up-to-date. You can bet your bottom dollar that the text version of the site is the first to be left behind and overlooked when it comes to updating.

    Creating an accessible website is not difficult. The recommendations and guidelines have been available on the web since 1999 - the Web Content Accessibility Guidelines is there for website authors to create accessible content. There's nothing in there that's remotely difficult.

    I'm amazed at the level of complains from so-called "creative artists" about the Web and how they don't want to follow the standards path. Other artists in other media work within the constraints and boundaries of their chosen media and deliver work of high quality. And then they use the media to its full use.

    But when it comes to websites, these so-called artists cannot understand the web beyond what they see in their browsers. They limit their imagination and scope and refuse to make their creations accessible in a public medium.

    They are "so-called artists" since its clear they do not understand the breadth and depth of the World Wide Web. The ability to build accessible websites should be a mandatory skill requirement before embarking on a professional career in web design - its as important as the ability to write legibly.
  124. Re:Wouldn't it be cheaper by Isofarro · · Score: 3, Insightful
    Overall, this seems cheaper to the US economy than forcing every business in the US to redesign their web site.


    What's remotely difficult and expensive about doing the job of building a website correctly the first time? Accessibility is not difficult - never has been. The guidelines for accessibilty have been around almost from the inception of the World Wide Web, heck even the City of San Jose have their accessibility guidelines on their websites for quite a long stretch of time.

    The whole point of accessibility is that it makes websites more accessible to more people in more locations, more situations and more devices than without accessibility. It allows your company access to a larger audience. Its not expensive or difficult to implement accessibility. Anyone with common sense can do it.

    When a company gets serious and makes its website fully accessible, it benefits not only people with disabilities, but also allows their website to be accessible to mobile computing devices such as the Pocket PC and handheld computer -- this is going to be such a huge market, the pervasive web. If you can't sell accessibility to a company with this advantage, then I guess you have a website that isn't worth anything to anybody.
  125. Re:Wouldn't it be cheaper by Isofarro · · Score: 2
    Regarding the technical issues - I'm thinking of something like VNC and Voice-over-IP.


    Why re-invent the wheel and keep creating a square one? With an accessible and valid website, you have instant compatibility with Voice XML. Then you can take a web page convert it into VXML which can allow someone to _phone_ a webserver and interact with it like a normal conversation.

    All it takes is an accessible and compliant website - something that's not difficult at all.
  126. You're welcome by Quila · · Score: 2

    And if you'd done any 508 work by hand, you'd know to appreciate the link.

    AC, you might as well yell spam for the thousands of other software recommendations on /.

  127. I hope this guy fails by macdaddy · · Score: 2

    Not to kick disabled people in the junk but ADA requirements on web sites is absolute bullshit. My state recently required it on all state-agenct websites. It's a God Damn nightmare. You can't use half the shit you used to use for web pages and be compliant. It's damned near impossible to build a useful site for a Unv that's completely ADA compatible unless plain text floats your boat. I don't know what the solution is but I DO NOT BELIEVE that ADA requirements should be forced on the Internet. Installing a wide door and a ramp in a bulding is easy. Building a website that works in the top 3 browsers on the major platforms AND be ADA compliant is just not possible IMHO.

  128. Re:isn't this covered under this... ? by Isofarro · · Score: 3, Informative

    HTML Validators only check that your HTML validates according to the HTML Recommendation. It does not test accessibility requirements that are not part of the HTML recommendation.

    There are tools for testing the accessibility of a website. One of the best I've come across is Accessibility Valet - a much better tool than Bobby

  129. Re:Yet another thing to think about by Isofarro · · Score: 2
    The WAI and Section 508 go way overboard and create special authoring requirements which in many cases can cause extreme code bloat(titles to all links, captions to all tables,labels on form fields,long alt text etc..),


    titles to links are used when your link text is insufficient to clearly indicate what you are linking to. You can avoid using the title attribute by being more expressive on your link text.

    Captions to Tables: If you are using a table for no reason, then its questionable whether you need a table. A caption is just a string of text that explains what can be found in the table. A proper compliant website shouldn't have more than three or four tables anyway. And designers using tables for layout - against its purpose - are thankfully SOL. They are welcomed to join the present and quit hankering over html3.2

    You don't label your form fields? That would make your forms unusable to anyone. How do they tell where to enter an address or credit card number if you don't specify what the input field needs to contain.

    If you are worrying about long text on alts, then use the available longdesc attribute and put the description in a separate html file.

    You considerably hyperbolise the bloat, considering that when you do the job properly the first time, and using CSS to encapsulate the presentation, the resulting file sizes, and more importantly the download time, is drastically smaller when compared to something like a slashdot frontpage.

    limit your selection of technologies (flash, javascript),


    So Macromedia didn't follow generally accepted standard of embedding objects into webpages. That's Macromedia's problem for not following a documented recommendation.

    If your website is completely reliant on javascript, then you are asking for problems. Your website should be completely accessible without the need for javascript. Javascript should be used only to enhance an already accessible website.
  130. Re:Goverments are there to coerce people... by Nathaniel · · Score: 2
    "..., to force them to do what is perceived by their electorate as the right thing to do."


    The governments primary role is to prevent people from harming one another, even when a majority agrees to harm a minority by making that harm 'legal' through legislation.
    That's why we have courts, and why courts are allowed to overturn legislation when it unfairly allows one group to harm another.


    Having a poorly designed web page is really stupid, but it doesn't harm people.


    Forcing one group to do unpaid labor on behalf of another group does do harm.


    Would you rather live in a society where people are allowed to have bad web pages, or a society where slavery is legal again?

  131. Re:Get a grip on discrimination by hymie3 · · Score: 2

    As long as the rates, schedules, and special offers are identical between the two

    But they're not. SW (and all of the other airlines, now that I think about it) offer special "web only" fares.

    Plus there's the whole wait time thing. Sometimes I get through to a human right away, sometimes I have to wait fifteen minutes to book a flight. The web site site is always about the same amount of time.

    In the case of Southwest's web site, it's exactly the opposite: they would have to go out of their way to not "discriminate" by accomodating the blind person.

    So? Accomodating ADA needs almost always is an added inconvenience to the brick and mortar places. In fact, I can't imagine it being *more* expensive to ADA-enable a page than it would be to add an accessability ramp or make your store dog-friendly.

    It's not malicious on SW's part, I agree, but it's not like it takes a lot of work to change ALT="" to ALT="Login".

  132. blind versions of text and graphical mediums by MORTAR_COMBAT! · · Score: 4, Insightful

    A book publisher is not forced to publish his work in braille. And internet site is comprised nearly entirely of text and graphics. It is simply one of those things which makes it suck to be blind.

    If a government service was available only on the web, then of course that web site must be accessible. But in general, a web site should only have to provide alternate means of access if they value the market they are locking out by not providing that access.

    Similar to Playboy publishing a braille version (which it has). They don't have to do it, but when they want to sell to blind people, they realise that blind people probably don't get much out of their normal issue.

    Why should Southwest.com be forced to provide an accessible web site? Does Southwest have to send out braille versions of all their newsletters? Sure, apply financial pressure with your business, but what in the world does the government have to do with whether or not Southwest values having blind customers able to visit their web site?

    --
    MORTAR COMBAT!
    1. Re:blind versions of text and graphical mediums by dvdeug · · Score: 2

      A book publisher is not forced to publish his work in braille. And internet site is comprised nearly entirely of text and graphics

      HTML is designed to made up nearly entirely of text. And the fact that that text is displayed as a series of Bezier curves, rather than raw binary, or raised bumps, or sound, is a technology coincidence.

  133. Re:Get a grip by gorilla · · Score: 2
    The really stupid thing is that the same steps to make site access better for the blind would also make the site easier to access for cell phone/pda users, and users on browser-appliances like WebTV, not to mention the uber-geeks using tools like Opera and Konqueror without all the bells and whistles installed.

    This is almost universally true: Whenever an accessability feature is added, everyone benefits. Add a kerb ramp at the airport, and you can roll your suitcase can roll in without you having to lift it. Add a grabrail in the shower at the hotel, and when you slip on the soap you don't fall and break your leg. Add in functionality to navigate a GUI program with the keyboard, and you can use it when your mouse breaks.

  134. Read again? Way is should be Vs how it is by phorm · · Score: 2

    He who snips comments from another's article without including full context...

    I didn't say that this is the way things SHOULD be, I said it's the way things are going. And while your PDA or cellphone can't at this time handle the graphical content in all of it's super-flashy often-crapulant glory, they are becoming increasingly capable. A while back most cellphones didn't have *any* graphic support. Now the bloody things are coming out with colour (shudders).

    Rethink my arguements? Perhaps you should re-read them. I'm stating what IS happening, not what I think it should be. I happen to enjoy being able to read articles via lynx/links.

    Points: Companies want to do what costs them the least money. Adding blind-friendly content on top of the graphic hoopla costs more time

    A counterarguement will likely cost them more. Yes, true, quite possibly true. However, have you ever heard of this law or these standards before?
    How many web-developers do you know. Ask them if they've heard of this law. Also also them if they use alt tags (probably no, this is due to poor education or laziness). In this and many cases, it's an act of omission through ignorance, not through intent. This court case will probably make the law more visible, and that's likely part of the intent.

    As for the law itself, I'm not sure on the specifics. If it applies to corporate sites only and takes heed of target audience, it's fine by me. If it's like a lot of crappy laws, it will be made too broad and can be made to apply to those for which it really isn't needed by lawsuit-crazy money-grabbers (again, above, this may not be true in this case).
    Can a blind person use this law against any website? How about even any corporate website? I'm building an anime-fans site. For a large part it's a personal venture, and the purpose of the site would be completely lost without graphics anyhow (anime is generally a graphic medium). I hope this won't apply to my site. How about a site that is for picture galleries, etc. Could a blind person sue on the basis that it's not blind accessible (and would an ALT "boy in wheat fields with...." tag really be meaningful in this case).
    Laws and lawsuits often affect not just the target, but are often reinterpreted via precedent into subsequent cases. Thus, it's always good to step lightly around setting such laws, there's almost always some idiot looking to take advantage of them.

    Lawyers: Who do you want to sue today - phorm

  135. Re:Get a grip by MalleusEBHC · · Score: 2

    You bring up an interesting point. I guess I am being insensitive to disabled people when I say "retarded", but I don't even realize that. It's a common part of many people's vocabulary so I really don't think twice about saying it.

    If an airline wanted to only make their site compatible MSIE, they would most likely lose my business. Sure I would think it's a stupid decision on their part, but I wouldn't go suing them for it.

    Also, like the other reply states, this isn't flamebait for fsck's sake. Mod this guy up accordingly; he makes some excellent points (even though they may be at my expense heh).

  136. You watch conspiracy shows, don't you? by phorm · · Score: 2

    The "special provisions" that designers usually make are not to enhance accessability, but to reduce it

    Really, you have proof of this, or perhaps saw it on X-files? I thought they were an attempt to make the sites more enticing or graphically pleasing.
    I suppose these companies are intentionally aiming to shut out the blind.

    Don't confuse affect with intent. And when you post, click "preview", re-read your comment, see where it scores on the I-am-not-a-troll-'o'meter, and then perhaps hit Submit.

    I try to be nice, but some people have a fantasical ability for idiocy that overcomes me - phorm

  137. Bull! by gandalf23atwork · · Score: 2, Interesting
    Get the shit done and don't put it off as something to do later, and you won't get sued. If you do and you are sued later, you've made a good faith effort to try to be accomodating. You can't please everyone and you can't expect every situation to be convered but you can try your best.

    Bullshit.

    Several years ago, waaaaaay back in the 90s, we decided to install a ramp at our church. My dad, myself, and a few men from the church spent a weekend and built a ramp that sloped from the street to the sidewalk, about 4 feet away, and it was about 3 feet wide, wider than the wheelchair we had available to us to use as a guide. None of us had any problems getting up the ramp, and none of the congregation had any complaints either.

    However, a few weeks after it was built we had a very irrate woman stop by and bitch about the ramp. I happened to be there at the time, and as I had helped build it I was asked to talk to her. She informed me that the ramp did not meet ADA specs and she was going to sue. I asked what the specs were, she said the main thing was that it was not painted red, and there where no grooves cut into the ramp to aid in traction. I didn't see the big deal was with the color, wheelchair people aren't sight impaired, the grooves sounded like a good idea, so I told her we'd make the chages. She got even more upset and said she'd sue anyway.

    The next weekend went went back out and cut grooves into the ramp about an inch and a half apart and about an eigth of an inch wide. Afterwards we painted the whole thing red.

    Sure enough the next week we were sued.

    Both our attorney and the opposing one said that the fact that we made changes indicated that we were aware that we were at fault, and indicated that we'd loose the trial because of that. So we settled out of court. The opposing attorney wanted a outrageous amount for his time and wanted us to tear down the ramp and build it again, this time correctly from the start. They gave us the specs to use, don't remember them off the top of my head, but I do remember we couldn't have a vertical wall on the ramp, it had to blend in smoothly with the grass. Why, I don't know, who wants to roll their wheelchair into the grass?

    So we tore the ramp down and rebuilt it. But, since we rebuilt it before the agreement was signed, it didn't matter. We had to tear it down and rebuild it again after we signed the settlement agreement. It was, to me, utter bullshit, but the lawyers on both sides agreed that we had to do it, so what could we do?

    All in all we spent around $100,000, between our lawyers and theirs, the cost of the materials was basically nothing, and labour was free, although jackhammer rental was kinda expensive, but compared to lawyer's fees was nothing. And all this because we were trying to be nice and build a ramp in front of the entrance, so that those in wheelchairs didn't have to use the service entrance in the back (nice wide ramp, sturdy handrail, been there for ages)

    So don't tell me that "Get the shit done and don't put it off as something to do later, and you won't get sued. "

    Now, as to the article in question: "We are quite tired of being shut out of some areas of life,"

    Are the blind people unable to use the telephone to make reservations? Are they forced, somehow, to use the internet? I looked in the phone book (I assume that braile version are avialble) and found this number for Southwest Airlines: 1-800-IFLYSWA (1-800-435-9792)

    I called the number and they said they could answer any flight information questions I had and you could make a reservation there 24 hours a day, 7 days a week. (I did not think to ask if they were open on holidays)

    -gandalf23@work

    1. Re:Bull! by clifyt · · Score: 2

      Again I say bullshit, a lack of proper research on your part doesn't mitigate the fact that you did it wrong.

      I'm at my office now, and I just looked in my file cabinet. I have in front of me a compilation of the Department of Justice's ADA regulations and otherwise. This one was compiled from a huge set of sources and even illustrated for the folks that don't like to read and was easy enough for a geek like my to figure out. This one was compiled by the Indiana Govenor's Planning Council for People with Disabilities but you can probably get one from your own state. On the first page of the book it gives the address of

      Civil Rights Division of DOJ
      P.O. Box 66118
      Washington D.C. 20035

      for a 20 page FAQ of this stuff.

      Phone #s as listed -- 202-514-0301 Phone / 202-514-0383 TTY

      Anywho, if you would have requested this and done it right the first time, it would have cost a lot less. Remeber, no good deed goes unpunished. The road to hell is paved with good intentions. Just because you are trying to help someone doesn't mean that if you screw it up, you aren't doing more harm than good.

      Seriously, most of us here are geeks and we tend to think we know more than others and can just figure stuff out. Things like this you need to go by the guidelines. It took me a week to get this info once I started looking for it. There could be things such as angle of the ramp...most have to fall with in a certain level...obviously you aren't going to use a 45 degree angle on one of these things, but do you know what the proper angle is? Rolling into the grass? Could be a safety issue...don't want someone loosing control and sliding right into the street. Grass might be good stoppage for one of these things. I don't know. No vertical walls? Could be something to make these look less like something installed only for a 'criple' and more for someone that might not be less abled. Its an effort to keep these things from being overtly dehumanizing. I'm not an expert on this...I'm simply someone that wanted to make sure we were in compliance and got my office into regulation.

      Of course some of this stuff is going to be over the top and make no sense, but I can guarantee I could have build you a ramp for much less that 100k.

  138. want a book, get a dictionary? by phorm · · Score: 2

    These all strike me as "active attempts to disallow entry" - the only question is whether it is negligence or ignorance.

    Negligence or ignorance does not indicate attempt. It generally indicates lack of attempt.

    attempt : to make an effort to do, accomplish, solve, or effect (attempted to swim the swollen river) [m-w.com]

    Oh, and again, the above are perfect examples of crap websites and the way things should not be (but often are). They don't indicate a attempt to disallow users but rather just (as above) ignorance.

    Considering more books are sold today than before the advent of television, the obvious answer is YES.

    Apples, Oranges? How is text-based internet support related to books, other than the fact that both contain literary material? Books are not the internet, nor are the two mutually exclusive) and internet is still an evolving medium. The internet may in fact become the successor to TV though, but that's something different again.
    Oh, and books are a *wonderful* example of something that's always blind accessible. There are audiobooks and perhaps brailbooks, but I'd expect the selection to be somewhat less than what I find on a shelf in Chapters' written section.

    One of us may be tasting toes right now? My breath still seems minty - phorm

    1. Re:want a book, get a dictionary? by Isofarro · · Score: 2
      Negligence or ignorance does not indicate attempt. It generally indicates lack of attempt.


      Fine. So if its a lack of attempt, then that would be much more damning that "lack of _reasonable_ attempt" at making a website accessible, which is all the plaintiffs need to prove.
    2. Re:want a book, get a dictionary? by phorm · · Score: 2

      Of course. In cases of law involving death, negligence is often just as damning as an actual attempt. Unless it's gross negligence, the penalties are often less severe though. I suppose that it's bad enough that many people are idiots that we don't need to make hardened criminals of them as well :-)

      In this case, I'd hope it would move more towards getting the site made properly accessible (and hopefully prompts others to do so as well), than awarding the plaintiff with a huge wad of cash. Cases of "sue-because-you-didn't-do" should be resolved this way. The cost of legal fees and a little to make up for the plaintiff's time and frustration probably wouldn't hurt though, and would help push the message out.

    3. Re:want a book, get a dictionary? by Isofarro · · Score: 2
      I'd hope it would move more towards getting the site made properly accessible (and hopefully prompts others to do so as well),


      I'm hoping for the latter. Its time to treat inaccessible like the social disease that it is. Any story that makes headlines toward creating accessible websites is good, even if it fills lawyers pockets.

      than awarding the plaintiff with a huge wad of cash


      From quite a number of comments above, ADA does not advocate punitive costs, just demanding accessiblity compliance. A pity though - a nice multi-million punitive cost will go a lot further to convincing businesses to create accessible websites, since money is the only thing they seem to understand.
  139. double cost? by phorm · · Score: 2

    If doubling the cost of creating a website is your idea of "smart".

    Flash is often the expensive part, especially in reference to time-consumption. Throwing a nice HTML layout to get things started would be smart in general. If somebody really wants to add flash, then it should be an addition but not replacement to HTML.
    Scripting is a nice way to keep things updated, so the flash page and the HTML page can learn to get along with each other nicely.

    What's the point of accessible Flash if all you are going to do with it is piss off visitors?
    Because on some sites the presentation effect does look nicer in HTML. Sites used to promote multimedia (games, etc) often use multimedia for that promotion. Again, flash isn't for every site (it's often an overused bandwagon), and it's not good as the only method of presentation, but it does have places where it is an improvement over semi-static HTML.

    Looking at this site,however, the case is likely about ugly JavaScripts and missing ALT tags. They probably had a crappy web-developer (or an office person who just filled the role) who didn't know much about standardization and visited JavaScript sample sites too often.

  140. Government by SuperKendall · · Score: 2

    If you are a licenced business then yes, the government has a bit to say about what you need to do in order to stay a business for the public good. They already to that to some extent in hiring, and of course these issues primarily affect larger businesses and leave smaller places alone. Even if you just own a subway you need to make sure a wheelchair can get in. Businesses have dealt with issues like these for years, why should online places be excempt?

    Remember, the site does not have to "not suck". The site only has to be accessible!! Alt tags might be all it takes in ths case. As long as a business makes a reasonable effort then everyone is happy.

    The thing that gets me about this whole issue is that in reality, a site almost has to spend MORE money to make a site non-accessible!!! Basic HTML and alt tags is easy, it's when you start doing lots of fancy stuff with Javascript or layers or Flash that people might have issues. I already hate all that stuff ayway when I'm using a site, so frankly I have no pity for businesses that can't take a time to make a simple site that works before slapping on a thousand layers of crap. Business everywhere, for god sakes lookat Amaazon and Ebay before you think about adding that Flash front-end!!

    I'm a libertarian but this is one of those areas where the government can and should do something to help where otherwise there would be no motivation to do so. Obviosuly you have to be careful but with a minimum of effort every site could comply with standards that already exist and have no trouble, keeping everyone happy and the web easier to use to boot.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
    1. Re:Government by overunderunderdone · · Score: 2

      Remember, the site does not have to "not suck".

      No that is not necessarily the case. Because the term "reasonable" is so squishy it can mean anything an activist lawyer and an accomodating jury want it to mean.

      Southwest is not in the website business, they are in the air travel business. They have very reasonable accomodations for the disabled to access their services and information about their services - a call center. That accomodation may "suck" but it is accessible!! By your standard they already meet the requirement. BUT the requirement is just a vague "reasonable" standard defined by people that don't have to bear the costs. This guy thinks having the same information available for the blind on the web is required for Southwest's access to be "reasonable". You see there is no limit - there is always more that *could* be done and there will always be someone that sees that next step as *reasonable*. A company can never reach the point where they have done *enough* and the standard will be ever expanding because at the end of the day being disabled will still suck. Being blind will still be inconvenient and an extra hassle and wanting the world to revolve around you will always seem like a "reasonable" accomodation. Fortunately for individual companies it's like the old joke about not having to outswim a shark. You just have to stay ahead of the poor schmuck that's getting sued (THAT is the standard).

      The thing that gets me about this whole issue is that in reality, a site almost has to spend MORE money to make a site non-accessible!!!

      That is not necessarily true and even in that case it seems to me very scary that we want the government to get into what technologies web sites can or can't use. You don't like javascript & flash - fine. It would be better/nicer if all websites were compatible - true. But to require it via the law?

      I'm a libertarian...
      I would suggest you may need to rethink that label. Your position on this issue and more significantly you *reasons* for that position are diametrically opposed to the philosophy and politics that label represents. Not that I have a problem with that - I'm NOT a libertarian. But I can see the danger of vaguely worded laws that almost beg for ever changing, expanding legal requirements.

  141. Don't blame macromedia... by Zinho · · Score: 2

    The last web shop I worked in made extensive use of dreamweaver, and had little problem with accessibility. Macromdia actually provides a suite of excellent tools for checking ADA compliance of the code it writes. This feature is well advertised, and was one of the features that led us to choose it for use by our artists.

    As an aside, our HTML programmers used a different program, HoT MetaL Pro, which checks HTML validity every time you save. Mostly it was just the artists causing accessibility problems (flash animations and the like), so by the time they handed their code over to the HTML jockeys it was ADA compliant and just needed to be dropped in place. Not a perfect solution, but we've never had any complaints.

    Back to the point, if the editor you're using doesn't support validation features, get another one, or use a couple that give you the features you need. For anyone who is selling things on the web, the cost of Dreamweaver and HoTMetaL Pro licenses is negligible compared to the rest of your operating costs. Suck it up, and do the job right the first time.

    --
    "Space Exploration is not endless circles in low earth orbit." -Buzz Aldrin
  142. 9/11 subsidies by hndrcks · · Score: 2

    One can make a valid point that all airlines beneift from huge government subsidies on a general basis; however, as far as the 9/11 airline bailouts go, Southwest was one of the few airlines making money before 9/11 and to my knowledge is the only major making money after; I don't believe they availed themselves of the bailout loans this time.

    --
    Everyone will start to cheer when you put on your sailin' shoes.
  143. Re:Doesn't answer the question by arthurs_sidekick · · Score: 2

    Are you forgetting Casey Martin who won his case in the Supreme Court to have the USGA let him use a golf cart in professional tournaments PDF version of the SC's decision?


    Moral: be careful what you try to satirize.

    --
    "Oh, I hope he doesn't give us halyatchkies," said Heinrich.
  144. Re:Good thing by EvanED · · Score: 2

    >>Is there any "common sense" reason to not like Opera's resizing feature?

    No, there's experience resizing images in photo editing programs (MS Photo Editor, Photoshop, Paint Shop Pro, the Gimp).

    >>You don't have to use the feature if you don't want to.

    That's why I included the statement that I haven't used Opera, and merely said that my assessment was based on the description.

  145. Re:isn't this covered under this... ? by geekoid · · Score: 2

    true, but by sticking to a standard(in this case HTML) people who write software that allows blind people to use the web have a standard to start woith.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  146. Re: Sorry elitist, it's *you* who are wrong! by geekoid · · Score: 2

    This is about several issues.
    1.freedom of travel.
    Not all airlines go to all places. Airlines are a neccessary mode of travel. Being forced to use other modes is unreasonable.
    2.It is a large company in an industry that is a very important part of peoples lives, so somebody needs to help the minority be able to handle basic needs for a productive life
    3.it doesn't apply to you personal site.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  147. Re:Use the damn phone! by Aexia · · Score: 2

    Maybe he wanted to take advantage of Southwest's Weekly Specials, "available only on southwest.com".

  148. Re: not the same argument.... by King_TJ · · Score: 2

    No, the whole issue of the ADA requiring ramps and handicapped accessible restrooms was a bit different. That directly affected the ability for handicapped people to go to work each day.

    Not being able to purchase airplane tickets online is a much different situation. The web is *not* the only way tickets can be purchased. As long as Southwest offers alternatives (like calling up on the phone to order your tickets), this isn't preventing the blind from boarding their airplanes!

    My point is, from the beginning, the web was not really supposed to be a "blind friendly" environment. It's designed around the whole concept of adding photos and colors, plus asthetically pleasing text formatting to content. None of this has any relevance to a blind person.

    Now, I agree, it's great that there are ways to design a site so voice synthesizers can read the content for blind users - but IMHO, that ability should be viewed as a nice "bonus", and certainly not a legal requirement.

    Once again, there's simply no basic human right to use the Internet. Internet access itself isn't even considered a basic necessity. There are few things it offers that aren't really more than "convenience features". (AKA. Online bill-pay is almost *always* just one more of several possible ways to get a bill paid. In fact, my local electric company *used* to let you pay your bill online each month on their web site, but discontinued it due to "lack of interest"!)

  149. Re: Sorry elitist, it's *you* who are wrong! by Dirtside · · Score: 2
    Do you have a master's degree in bad analogies or something?
    That's as ludicrous as saying every author writing a book needs to have it translated and published into every foreign language in common use, so those not speaking English are ensured "equal access" to it!
    Someone who doesn't speak English can learn to speak English. Someone with no legs cannot grow new legs; someone who is blind cannot learn to see. (At least, not yet; future technology may make the ADA irrelevant.)
    If this becomes law, many people will take down sites completely rather than pay to do major revamping to meet ADA requirements, and then *nobody* benefits.
    The ADA already IS law. Has been since 1990. The issue at hand is whether websites must accommodate disabled users the same way that buildings must accommodate disabled users.
    --
    "Destroy science and religion. Science would re-emerge exactly the same; but not religion." - Penn Jillette, paraphrased
  150. Re:Form of involuntary servitude by mc6809e · · Score: 2

    So are the laws that we passed in the 1960's forcing, under penalty of law, the equal treatment of minorities, involuntary servitude?

    Some are some are not.

    Should the businesses in the south, or anywhere else, be permitted not to serve african american if they wish not to?

    Yes. To force them to serve another involuntarily is by definition involuntary servitude.

    How about not seling them a house or renting them an appartment?

    I think it would be immoral, but not illegal.


    How about making them sit in the back of the bus?


    Buses are usually run by local government. Governments must treat everyone equally. So, no. But we are talking about business people, not governments.

    Should we permit this becuase to force them to do otherwise is a form of "involuntary servitude"?

    I think forcing one person to serve another is wrong, don't you? Isn't freedom important? Shouldn't I decide who benefits from my labors? If I'm not allowed to decide, then I don't control the use of my own labor.

  151. Re:And your estimate of millions of dollars... by Mnemia · · Score: 2

    I don't doubt that the website repairs could be done very cheaply, but anything where lawyers get involved quickly gets expensive. Especially when you're potentially defending yourself against a whole group of people. I'm not saying they shouldn't have just fixed the site, but I am saying that people need to have some common sense about what is and is not worth sueing over.

  152. Not by my definition by SuperKendall · · Score: 2

    By my definition, the web automated site has to be accessible as well. It's as simple as that. That's reasonable and fair, and if they had done so they would not be sued.

    Anyone can sue anyone for anything. If a business makes a resonable effort than most people wouldn't sue because they wouldn't win. Because SW has chosen to ignore usability in an automated system with a public interface, they are being sued AND will probably lose (in my opinion).

    I don't want the government to mandate technology, just that companies make a resonable effort to make all points of access for the company be accessible. I then yield the tangible side benefit of sites that suck less, admittedly a selfish goal. Companies can even use Flash if they like - after all, as others have noted there are accessibility guidelines. They can even use Javascript in a helpful way. But companies using only graphics for navigation without so much as a good alt tag are already unusable and incomplete as far as I'm concerned. We have building codes, this is similar.

    I am a libertarian. In my mind the law is quite clear - make some effort to make public points of access to your company in the course of doing business accessible. Leave further clarification up to the courts. I really don't see the problem when in fact practical compliance for web apps is as simple as following W3C standards for crucial pages in the process of doing business. Companies that don't follow already accepted standards get milked until they wise up. Very clear, even if the law seems vague for all practical purposes it is not.

    Sorry for the rambling train of thought, I'm in a hurry.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  153. The web is text based. Text==Visual. by tshak · · Score: 2

    See this post that I just made.

    Although I agree that devices can be made to aid one to read the text, it's still a visual medium just like how phone is an audio medium yet has utilities to help the deaf use it. However, the web is a much better medium for a deaf person, just like the phone is a much better medium for a blind person.

    --

    There is no longer anything that can be done with computers that is nontrivial and clearly legal. -- Paul Phillips
  154. What is the fuss all about? by psych031337 · · Score: 2

    I don't get it.

    In my eyes all it takes is Southwestern to fire their stupid, work-avoiding or incapable webdesigners.

    In my eyes, all it takes to follow the ADA is to compile a set of pages without all the fuss - make a script to strip all jpg and gif links, remove FLASH and oher crap and recheck the site with lynx. Two hours of work, instant compability.

    If this is too much work for Southwestern they clearly deserve the lawsuit. If this is too much work for the admins they need to get fired as it's trivial to anyone not mistaking webdesign with the usage of Frontpage or Flash.

    Face it, the Internet was seen as a saviour of free speech and the possibility to integrate those with disabilites even closer into society by means of technology. Lets make sure we don't lose the 2nd fight as well.

    --
    +++ath0
  155. Re:When ADA attacks, new series on FOX. by man_ls · · Score: 2

    I have close experience with the Americans with Disabilties act, having a family member that falls within it's protection.

    It has often been the only reason she has been able to visit some places, that would otherwise have made no attempt at handicapped accesibility. The individual in question is parapalegic with no motor ability below her waist; many historic and natural sites are off limits. However, the ADA required that many of these sites be as open as possible: this has meant boardwalks, ramps, handles, railings, and elevators/lifts in places where there would not have been any without a legislation.

    I researched in-depth the effects of the ADA; and found it to be one of the laws with the fewest negative reprucussions. Affirmative Action leads to racism in the workplace; the ADA just mandates that people with physical disabilities be able to use your services in a safe manner, and in a manner that is safe for the non-disabled individuals.

    This provision of the ADA was proven repeately with a court case citing a woman with a natural vision deficiany who sued American Airlines, because they denied her a position as an airline pilot. Her case was thrown out almost immidiately; on the grounds that ADA provisions cannot create an unsafe condition for anyone else.

    As for the execution, there are few regulations in place that specify the "how" they just give the "why" and leave it at that.

    Florida law (and possibly federal law) mandates a 30-day "grace period" in which the business or institution may correct an ADA violation with no penalty.

    Perhaps the judge should reevaluate this case before proceding further.

  156. Unintended consequences by Nathaniel · · Score: 2
    "If the place is small enough forcing them to comply could cause them to go out of business."

    Let's see if I can articulate the points where we agree.

    • 1. A private business shouldn't be forced out of business by these requirements, that would be unfair. This is why the cut-off point you mention exists.
    • 2. The requirements are recognized to have at least a small detremental effect on business in most cases. If this weren't the case, the cut-off wouldn't be needed.
    • 3. At least some businesses would rather not comply with these requirements (presumably because of the effect on their bottom line), and only do so because of the potential legal penalties.

    Any disagreement on any of those points?


    First, let's consider the 'death by a thousand cuts' arguement.

    If point 1 says it isn't fair to force someone out of business for a single social good like wheelchair access does it follow that it is also unfair to force someone out of business by requiring them to comply with dozens or hundreds of seperate requirements, each for a social good?

    Is it acceptable to raise so many requirements that the effective barriers to entry prevent people from starting businesses in the first place if each of those seperate requirements is for a social good, and each of them has a relatively small cost?

    Obviously, if each of the requirements only takes effect once a business is a particular size, it is possible to start really small businesses without being subject to the requirements. Don't let that distract you. These questions are still important.


    Next, let's consider peoples natural tendancies to avoid things they don't like.

    Generally, people avoid pain, they avoid coercion, and they avoid situations where they are penalized for doing something they want to do. Sometimes they do what they want and attempt to avoid the penalities by keeping secret the fact that they've done something that they could be penalized for.

    Almost all people act this way, almost all the time. It's perfectly natural, and it should come as no surprise that people in businesses want to avoid taxes and legal requirements like wheelchair access.

    What isn't obvious (it's actually a bit counter-intuitive) is that coercing someone into doing something makes people avoid complying, even if they might have been inclinded to do it on their own in the absence of coercion. When someone is told they must do something, they generally won't want to, even if they would have done that very thing if they hadn't been coerced.

    When we think about the overall effect of creating a requirement in order to create a social good (such as wheelchair access), it is worth considering the fact that some people to avoid satifying that social good who would have otherwise done so on their own, without the requirement.

    The overall effect of the requirement then is that some number of people will be successfully forced to meet the requirement and some people will avoid doing so as a direct result of the existance of the requirement. If we wanted to measure the effect of the requirement, we would only count these two groups, as people not meeting the requirement who already wouldn't have done so and people meeting the requirement on their own even though they aren't required to do so don't count. The group of people who would have met the requirement but don't because of the requirement is unmeasurable, and the overall result is potentially negative.

    Given that there are a large set of requirements that kick in once a business is a particular size, and people seek to avoid things they are forced to do, businesses often seek to avoid reaching the particular size where the requirements keep in. People seek loopholes because they don't like coercion.

    If requirements are based on number of employees, and business owners will seek to avoid unwanted requirements, there will be some (perhaps many) businesses who actively choose not to hire additional people as a direct result of the fact that this would force them to comply with additional requirements. To the extent that this occurs, the requirements have contributed to unemployment.

  157. Re: not the same argument.... by King_TJ · · Score: 2

    Ok, than I stand corrected on exactly when HTML got such things as the img element....

    Still, it doesn't really change my core arguement. (AKA. If HTML didn't grow out of simply presenting text content, why really use it instead of "Veronica", "Gopher" and other such tools?) IMO, the "web" really took off only because it started allowing multimedia content.... not just text. We had perfectly good computer bulletin board systems, IRC chat, email, Usenet news, and many other ways to convey information otherwise.....

  158. Re:isn't this covered under this... ? by dbrutus · · Score: 2

    I happen to agree with you that the ADA should be changed. Until it is, people should comply with it. Southwest should have complied with the request in any case because

    1. They have a duty to maximize profits. By turning away text browsers like lynx and blind people who can't use their textreader browsers, they fail in that duty

    2. They have a duty to create a positive image for the company because that affects point 1 above. Being mean to blind people in a petty way when they could have just developed to international standard and have everything just work is also a disservice to the shareholders.

    3. The problem is that today, shareholders have such little practical control over their corporations that management is being reigned in by less efficient methods like the ADA which is constitutionally dubious at best.

    The solution is to fix shareholder oversight. Then the ADA can quickly fall into that category of law that is bad but irrelevant. I can live with that.

  159. Re:Yet another thing to think about by dbrutus · · Score: 2

    Yes, yes, the entire issue is much more complex in the general case but for the actual issue at hand, resolving the lawsuit, if SW had just filled in their alt tags *to standard* this lawsuit would never have happened. They didn't need to hire an accessibility guru, they didn't need to wade through the ADA, they just had to fill in their alt tags.

    What's wrong with talking about Section 501, ADA, accessibility/usability guidelines et al is that it makes a mountain out of a molehill and makes it less likely that people are going to even try for compliance until forced to. If they know that a normal designer, with normal common sense just has to fill in these normal parts of the spec and he's likely to be ok with the blind textreaders and the lynx crowd, incrementally increasing the audience for almost no extra expenditure, a lot of people are going to do it.

    Don't make big things out of simple things and you get more voluntary compliance. That, not some slavish worshiping of Tuftee (sp?) et al is what's needed.

  160. Re:Any Standards? YES! Use them! by charon_on_acheron · · Score: 2

    So if the W3C standards also insisted all websites must be written with FrontPage, you'd still support them?

    The real question here isn't whether something is possible, or easy, or helpful. It is whether the government has the right and authority to force businesses to act in accordance with political correctness.

  161. Accessibility is great for everyone by GauteL · · Score: 2

    .. and not only physically impaired people. Why? Because accessibility measures means several things:
    1. There has to be at least a minimum measure of structure.
    2. The sites will work better with alternative browsers.
    3. Accessibility-issues often lead to convenience for everyone. The drive behind the GNOME-accessibility has made the desktop more keyboard-friendly which is a boon for everyone.
    4. We're not in our physical prime for our entire life. Just about everyone will get some quirks eventually. Not everyone will go blind, but most people will have their eyesight weakened, and a site tweaked for accessibility will be easier.