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Dept. of Justice Considers Web For ADA

beetle496 noted a blog entry saying "The Department of Justice (DOJ) announced an Advanced Notice of Proposed Rulemaking (ANPRM) on the Accessibility of Web Information and Services Provided by Entities Covered by the ADA (i.e., State and Local Government Entities and Public Accommodations). You can read the fact sheet, or the entire notice. In short, the Department is seeking comments on their desire to revise regulation to 'establish specific requirements for State and local governments and public accommodations to make their websites accessible to individuals with disabilities.' The Department is seeking specific comment on many things including the standards they should adopt, and if there should be any exemptions for certain entities (e.g., small business) before they publish their Notice of Proposed Rulemaking. This is amazing news! The impact that this will have for individuals with disabilities cannot be overemphasized. It is time for our digital society to forever include individuals of all abilities. The period of public comment is open for 180 days."

296 comments

  1. Good news...? by Anonymous Coward · · Score: 0

    I do believe it's good for disabled folks to have an alternate method of accessing a website. However, I hope this doesn't add red tape to the creation of websites that are only designed for a visual experience (e.g. flash based graphical interfaces).

    As long as website owners are only required to present alternate experiences for disabled users, and not design websites so that it's the same experience for everyone, this will be a good change (and one that should already be taken care of by a good design).

    1. Re:Good news...? by cayenne8 · · Score: 4, Insightful
      I can understand that they have to make PUBLIC websites and information (state, federal, etc) accessible, but, this almost implies they are going to require that private business (eg the note about small business exceptions) HAVE to put their websites up to some form of handicapped accessible standards?!?!

      WTF?

      If a business doesn't cater to anyone handicapped (I guess it could happen), or just is ignorant enough to not do so and lose that business, that should be up to them.

      No one is holding a gun to the person accessing a site, nor should they be holding a gun to a private business to cater to any specific crowd.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    2. Re:Good news...? by XanC · · Score: 1, Insightful

      The Reversal of Freedoms Act of 1990 doesn't care about such things!

    3. Re:Good news...? by betterunixthanunix · · Score: 2, Interesting

      Except that the ADA already requires certain businesses to make provisions for people with handicaps. For example, a hotel is required to have a wheelchair entrance, because it is a "public accommodation." Likewise, banks have to put braille on their ATMs, bus operators have to be able to handle people who have difficulty climbing stairs (to board the bus), etc. Why should websites be exempt from these requirements?

      --
      Palm trees and 8
    4. Re:Good news...? by Shakrai · · Score: 2, Funny

      If a business doesn't cater to anyone handicapped (I guess it could happen), or just is ignorant enough to not do so and lose that business, that should be up to them.

      STFU and do what the Federal Government wants citizen.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    5. Re:Good news...? by cmiller173 · · Score: 2, Interesting

      ... Likewise, banks have to put braille on their ATMs, ...

      Even the drive up ones! Also braille on elevator buttons in the parking garage.

    6. Re:Good news...? by Shakrai · · Score: 1

      Even the drive up ones!

      It never occurred to you that blind people might ride as passengers in automobiles that visit drive up ATMs?

      A better criticism of ATMs is the fact that the number pad has braille on it but the user interface still requires you to be able to read a screen (to know which button along the display does WITHDRAWAL/DEPOSIT/BALANCE INQUERY/etc) in order to operate the device.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    7. Re:Good news...? by Shakrai · · Score: 3, Insightful

      Why should websites be exempt from these requirements?

      Because I shouldn't have to hire a lawyer to make sure I'm complaint with thousands of pages of State and Federal regulations when I publish a webpage?

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    8. Re:Good news...? by Hutz · · Score: 3, Informative

      They don't put braille on drive-up ATMs. They put braille on ATMs. They don't make different keys depending on where you're installing the unit.

    9. Re:Good news...? by Hatta · · Score: 2, Insightful

      The ADA doesn't force record shops to offer only products that can be enjoyed by the deaf. So I don't see any reason why it would require web cartoonists to offer only products that can be enjoyed by the blind. Just put some fucking alt-text in there and make it navigable by screen reader. Yes, that should be taken care of by good design, but precious few people care about good design.

      --
      Give me Classic Slashdot or give me death!
    10. Re:Good news...? by betterunixthanunix · · Score: 0

      Well for one, it is not clear that all websites would be required to do this, and for another, it is not terribly hard to be compliant...well, unless you are one of those people who insists on using Flash and Javascript for every damned thing, and considers creating a less "feature filled" version of your webpage to be an undue burden.

      --
      Palm trees and 8
    11. Re:Good news...? by BenFranske · · Score: 5, Insightful

      Maybe because the web is a medium and not a place?

      I'm all for requiring public physical places to be designed with the needs of the disabled in mind. This only makes sense and I think has made a tremendous difference for both the legally disabled and our generally aging population but I don't think the web is the equivalent of a public place. I think it's a medium more akin to a newspaper or book.

      Would it make sense to REQUIRE all book publishers to publish extra copies in braille for example? I can certainly see the value of regulations which said that if the publisher (or website author) doesn't do it themselves a third-party service provider must not be prevented from (legally) making the information accessible but to require all websites to do it themselves would put a huge burden on website authors and may just cause a lot of people to stop putting information on the web unless they need to or their is a compelling commercial reason to do so.

      Let's look at a project to scan in material from old books and make it available in image/pdf format for research. If the information were required to be accessible it would add a significant amount of work and cost to the (already expensive) digitization process. In my own case where I am putting up some very specific historic and technical material which I am making no money on I might just stop doing it. This would be a net loss for the spread of knowledge.

      These types of regulations work best when they encourage people to do the right thing but do NOT just stop anything from happening. eg. If people stopped building public places because of the expense of ADA compliance the ADA would not make sense on a societal level as public places have value. The same goes for websites.

    12. Re:Good news...? by Wonko+the+Sane · · Score: 1

      I can understand that they have to make PUBLIC websites and information (state, federal, etc) accessible, but, this almost implies they are going to require that private business...

      That ship sailed a long time ago.

      By the way, don't expect any small business exemption to last forever. That's what regulations are for after all: to tilt the playing field in favor of large corporations at the expense of small independent businesses.

    13. Re:Good news...? by Anonymous Coward · · Score: 1, Insightful

      Because there's a significant difference between a business with capital for a physical presence and one based on the web.

      What's more, rather than modifying a particular feature - e.g., modifying the entrance to have a ramp, modifying buttons with letters on them to have another set of letters on them -- we're talking about forcing translation of one form of content to another. This is in many cases, absolutely ridiculous. If I have a website for a painting gallery, sorry, but spending the extra time to change the pictures to words or requiring the removal of interactive animations (as horrible as they usually are, sometimes they're good) is a completely unnecessary burden. If a record label has a website, sorry, but deaf people aren't their audience. If my company develops audio or visual apps that don't make sense for deaf or blind people, then requiring my company to spend the extra time to cater to this non-audience is idiotic and wasteful.

      And as difficult as it is for websites to survive based solely on ad revenues, this will make it that much harder.

    14. Re:Good news...? by squallbsr · · Score: 1, Troll

      I don't know about you, but my online banking website doesn't look, act or feel like a book or magazine. There is a definite difference between a content web site and a web application.

      I personally don't have an issue with requiring accessibility for most sites (as long as you can provide an accessible alternative to your content or web app) - the tools they do use need to be updated more often. Some of the screen readers require IE6.

      --
      Sleep: A completely inadequate substitution for Caffeine.
    15. Re:Good news...? by butlerm · · Score: 2, Insightful

      Why should websites be exempt from these requirements?

      It depends on how broadly you draw "public accommodation". Take computer software in general, for example. Should the government ban the release of software (open source software in particular) that does not have special support for those with disabilities? What if instead it is provided as software as a service? Does an SAS application become a public accommodation just because it is free? What if it isn't?

      Like many things, the reasonability of such requirements depends on how strict they are and how hard they are to implement. Banning websites like Google Maps on the grounds of inaccessibility would be pernicious. But there might be something an online mapping application could do that would make it somewhat more accessible. If the government does not draw the requirements with some considerable care, they could become fodder for decades of lawsuits.

      Drawn carefully though, I think such requirements would be a good idea. An online travel ticket / reservation site is an excellent example of what should properly be considered a public accomodation. As should most sites that offer goods for sale, or provide reference information. Websites run by businesses should be held to a stricter standard than free services provided by individuals, though.

    16. Re:Good news...? by Anonymous Coward · · Score: 0

      Actually, it is clear that not all websites would be required to do this. One just has to keep reading the DoJ documents.

    17. Re:Good news...? by tofubeer · · Score: 1

      *** for this think wheel chair ramps and the like ***

      I can understand that they have to make PUBLIC buildings and locations (state, federal, etc) accessible, but, this almost implies they are going to require that private business (eg the note about small business exceptions) HAVE to put their places up to some form of handicapped accessible standards?!?!

      WTF?

      If a business doesn't cater to anyone handicapped (I guess it could happen), or just is ignorant enough to not do so and lose that business, that should be up to them.

      No one is holding a gun to the person accessing a building, nor should they be holding a gun to a private business to cater to any specific crowd.

      There is a reason why such things exist. It is to ensure that all persons have free access to things. For example black people and the front of a bus etc...

    18. Re:Good news...? by tofubeer · · Score: 1

      I have met two people in my life that drive and use wheel chairs. They whole idea freaks me out... but they can drive and they need wheel chairs to move around.

    19. Re:Good news...? by blueZ3 · · Score: 3, Insightful

      Yes, and because we're 100% sure that the oh-so-enlightened Obama administration would never, ever use such a provision to quell free speech rights (unlike that bad ole' satan-worshiping Bush). It's going to be a total coincidence that "Justice" department lawyers only contact Web site owners who publish views opposed to the current administration's policies.

      This year, they've contacted the NRA about their non-compliant Web site, while ignoring NOW. Once the sheeple vote in 2012, they'll be harassing PETA and ignoring the Chamber of Commerce.

      In fact, I've been shocked, shocked! to find out that the Democrats are owned by lobbyists just like the Republicans. Not the SAME lobbyists, of course, but just as much a wholly owned subsidiary. Whodda thunk it?

      --
      Interested in a Flash-based MAME front end? Visit mame.danzbb.com
    20. Re:Good news...? by Dishevel · · Score: 0, Troll

      It never occurred to you that the ADA was the worst fucking law ever?

      --
      Why is it so hard to only have politicians for a few years, then have them go away?
    21. Re:Good news...? by Nadaka · · Score: 1

      The passenger side of the vehicle can not reach a drive up ATM.

      But it is cheaper to have one ATM design that gets used universally anyway.

    22. Re:Good news...? by ceiling9 · · Score: 1

      The problem is that if there aren't enough disabled folks, then no businesses will have any motive to serve them, so the handicapped people will be severely limited in their options. Apparently when all things are considered, requiring businesses to be more accessible is viewed as being less of an infringement of freedom than completely preventing disabled people from functioning in society.

    23. Re:Good news...? by Shakrai · · Score: 1

      The passenger side of the vehicle can not reach a drive up ATM.

      That's why cars have the ability to move -- there's no law against coming the opposite direction into a drive-up ATM -- besides, the user could be sitting in the backseat of the car......

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    24. Re:Good news...? by Shakrai · · Score: 3, Insightful

      well, unless you are one of those people who insists on using Flash and Javascript for every damned thing, and considers creating a less "feature filled" version of your webpage to be an undue burden.

      I consider the Federal Government telling me how to design my webpage to be an undue burden.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    25. Re:Good news...? by Sigmon · · Score: 1

      Exactly... One can imagine all manner of crazy situations we may get into. For example, a website selling 3D shutter glasses being required to have a blind-accessible website. Or how about required closed captioning for your YouTube videos!

    26. Re:Good news...? by BZ · · Score: 1

      > No one is holding a gun to the person accessing a site

      For government sites this is starting to not be true. If the law requires you to do something (e.g. file a tax return) and the only sane way to do it is through a web site (e.g. because it needs some obscure IRS form not at your local library and the IRS is only providing forms via its site), then in fact someone is holding a gun to you to access the site. That's what it means for the law to require something: a gun is being held.

    27. Re:Good news...? by Ephemeriis · · Score: 1

      I can understand that they have to make PUBLIC websites and information (state, federal, etc) accessible, but, this almost implies they are going to require that private business (eg the note about small business exceptions) HAVE to put their websites up to some form of handicapped accessible standards?!?!

      WTF?

      That's nothing new. Private businesses like hotels and restaurants are currently required to meet the ADA standards. If you serve the public at large, you have to be able to serve folks with disabilities.

      At least with these website regulations it should be relatively easy to meet them. It's all text/code anyway... Any special parsing will be done on the client's end. You just have to make sure to tag your images and make sure things are navigable. It isn't like you have to physically construct a ramp or anything.

      --
      "Work is the curse of the drinking classes." -Oscar Wilde
    28. Re:Good news...? by natehoy · · Score: 5, Insightful

      That has nothing to do with ADA, it's just a tired old joke. It's a very simple application of the economy of standardization.

      Let's say I build ATMs.

      If I'm going to build 10,000 ATMs and I have to make the the buttons, why in the hell would I make TWO kinds of button, one for ATMs that need Braille and one for ATMs that do not? That doubles the cost of my key molds or machining equipment, and I have to keep track of separate inventory of assembled ATM models and separate replacement keyboards.

      Instead, I'm going to make one ATM model, offer different casings for it depending on whether you want a standalone or one that's built into a wall, and I'm done. I have exactly one ATM model in stock, and when you call and order one, I ship one.

      When one of your customers in a fit of piqued rage about the fact that he has to deal with those little dots on the buttons busts it with his ever-present whiskey bottle, I can replace that keyboard with the secure knowledge that it's ADA-compliant even if it doesn't need to be, because it's cheaper to make them ALL compliant.

      Standardization leads to a lot of little things like this. It's usually a lot cheaper to standardize on a part that has ALL of the features you could possibly need across as many applications as possible than to make specific parts that fill the exact feature set for each application.

      Random example:

      Why do you think Southwest is almost invariably good about having working aircraft where they need them? Because they fly only one basic model of aircraft. They've centered their entire business model around flying routes that can fill the 137 seats in a 737-300 or 737-700 (they have a few 737-500s with lower seating capacity for specific routes, but it's a small amount of their fleet). Their pricing adjusts dynamically to make sure that their planes fly nearly full.

      All of their mechanics can work on any of their airplanes, all of their pilots can fly any of their airplanes, and if a plane breaks down or is horribly late they can (with very few exceptions) replace it with any aircraft in their fleet without having to worry about finding one with the right number of seats, a qualified crew, etc.

      --
      "This post contains words, known to the State of California to cause thought. Wash brain thoroughly after reading."
    29. Re:Good news...? by cayenne8 · · Score: 2, Insightful
      "That's why cars have the ability to move -- there's no law against coming the opposite direction into a drive-up ATM -- "

      However, you will likely have to face a bunch of pissed off people lined up in the proper direction waiting their turn.

      Having a handicapped person doesn't give you the right either to just do as you please, and hinder the normal people from going about their business in the normally prescribed manner.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    30. Re:Good news...? by Sinistar2k · · Score: 1

      Would it make sense to REQUIRE all book publishers to publish extra copies in braille for example? I can certainly see the value of regulations which said that if the publisher (or website author) doesn't do it themselves a third-party service provider must not be prevented from (legally) making the information accessible but to require all websites to do it themselves would put a huge burden on website authors and may just cause a lot of people to stop putting information on the web unless they need to or their is a compelling commercial reason to do so.

      Not these days, but it would make sense to require that they provide access to an electronic copy that could then be run through whatever reader hardware/software a person might require to access that content.

    31. Re:Good news...? by natehoy · · Score: 2, Informative

      True, but many cars are equipped with this thing called the "back seat", and most come equipped with a matching thing called a "back window". A back-seat passenger on the driver's side can reach an ATM just as easily as the driver can.

      So, while it's obviously somewhat rare, the Braille on drive-up ATMs does actually get used occasionally.

      However, your second point is the "give the man a cookie" one. That's exactly why drive-up ATMs have Braille. Because all ATMs do. Building a separate non-Braille version would be more expensive than just standardizing on having Braille. One keyboard, one assembly line, one SKU in stock.

      That's also why almost all PC power supplies can take 110V or 220V input. Even with the extra cost involved in building a dual-mode transformer, it's cheaper than building two models and tracking them separately.

      --
      "This post contains words, known to the State of California to cause thought. Wash brain thoroughly after reading."
    32. Re:Good news...? by cayenne8 · · Score: 1
      "For government sites this is starting to not be true. If the law requires you to do something (e.g. file a tax return) and the only sane way to do it is through a web site (e.g. because it needs some obscure IRS form not at your local library and the IRS is only providing forms via its site), then in fact someone is holding a gun to you to access the site. That's what it means for the law to require something: a gun is being held."

      Ah...but as I originally posted, I said I could understand it for websites, etc. for PUBLIC services/sites (state, federal, local) since people DO have to interact with them. Much like I understand the ban on smoking in government buildings where people HAVE to go, or making these places more physically accessible.

      My problem comes from Govt. requiring privately owned and operated businesses to adhere to these types of regulations. It should be up to the proprietor as to what they want to do to accommodate as many people as possible...vs their costs/profits.

      Again, no one holds a gun to a customers head forcing them to patronize any private establishment.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    33. Re:Good news...? by natehoy · · Score: 1

      How does this freak you out, exactly?

      The foot pedals are moved up to hand controls, so the accelerator and brake become a handle conveniently located on or near the steering wheel.

      With an automatic transmission, it's trivially different from driving with one foot and two hands.

      Now, if they tried it with a stick shift, OK, that's a lot for two hands to manage all at the same time. Clutch, accelerator, gear shifter, steering, ummmm - wait, we ran out of appendages two appendages ago...

      --
      "This post contains words, known to the State of California to cause thought. Wash brain thoroughly after reading."
    34. Re:Good news...? by Infonaut · · Score: 1

      No one is holding a gun to the person accessing a site, nor should they be holding a gun to a private business to cater to any specific crowd.

      Like people who don't have pale skin?

      --
      Read the EFF's Fair Use FAQ
    35. Re:Good news...? by Anonymous Coward · · Score: 0

      lol you still think PSUs have transformers...

    36. Re:Good news...? by tepples · · Score: 0

      If a business doesn't cater to anyone handicapped (I guess it could happen), or just is ignorant enough to not do so and lose that business, that should be up to them.

      If you were handicapped, and you found that all businesses chose not to "cater to anyone handicapped", what would be your recourse?

    37. Re:Good news...? by Wonko+the+Sane · · Score: 1

      Start your own.

    38. Re:Good news...? by werewolf1031 · · Score: 1

      I consider the Federal Government telling me how to design my webpage to be an undue burden.

      ^ This, a thousand times.

      Also, I maintain a website for a small business. It's really nothing more than a spiffy advertisement for the brick-and-mortar business, including nice photos and contact info. No actual "business" is done on the site; customers need to contact us directly. So other than the potential for a few (very few) lost customers due to the site not being disabled-friendly (though our facility certainly is), what would be the purpose of redesigning the site from the ground up just to comply with what some people in government think it should be?

    39. Re:Good news...? by Shakrai · · Score: 1

      However, you will likely have to face a bunch of pissed off people lined up in the proper direction waiting their turn.

      You people just can't stop nitpicking this, can you? Two thoughts:

      1) They'll get over it.
      2) I don't know where you live, but around these parts there is rarely a line at the ATM. I've gone through them backwards numerous times before so as to enable friends to use the ATM without having to give me their PIN number. It's no big deal.

      hinder the normal people from going about their business in the normally prescribed manner.

      Driving into the ATM in the wrong direction does not "hinder" anyone.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    40. Re:Good news...? by Sinistar2k · · Score: 1

      Excellent idea!

      First, we have to go to the real estate office to buy some land. Hope there's a ramp to get in there.

      Second, we have to go visit an architect to draw up the plans. Hope there's a ramp to get in there.

      Third, we have visit with suppliers, distributors, decorators, and the like to kit out our space. Hope they all have ramps.

      Fourth, we have to take all our money and run it to the bank. Geez, we sure hope there's a ramp for that. We don't want to put $20K in the ATM or through the drive-thru window.

    41. Re:Good news...? by Atlantis-Rising · · Score: 1

      Then don't make a webpage.

      --
      "It is possible to commit no errors and still lose. That is not a weakness. That is life." -Peak Performance
    42. Re:Good news...? by cayenne8 · · Score: 1

      Most anytime I go through a drive through ATM, there are at least 2-3 cars in line ahead of me. Someone coming in the wrong way, would definitely mess things up for everyone else.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    43. Re:Good news...? by Will.Woodhull · · Score: 1

      I do believe it's good for disabled folks to have an alternate method of accessing a website.

      I agree.

      I hope this doesn't add red tape to the creation of websites that are only designed for a visual experience (e.g. flash based graphical interfaces).

      I agree with that, too.

      Further, I am terribly concerned that some ways of implementing these ADA requirements could act as a choke on the right of USA citizens to free speech. Publishing on the web should be available to any USA citizen who can master the (rather low) skills needed to write a basic HTML web page. No one should be excluded from the web because they cannot afford to make their writing compliant with ANY government-imposed standard.

      I'm thinking that the only good way to implement the ADA requirements will be to develop classes of web pages that have different minimal levels of compliance. At the top, all Federal and State web pages have to be fully compliant in every detail; at the bottom, any web page produced solely by an individual would not have to meet any of the requirements. In between would be classes for smaller governments (counties, cities, school districts, etc), businesses, businesses that sell web page development services, volunteer groups, and so on.

      The same standards cannot be applied to the local soccer club's web site which is run by one the soccer moms, and a Federal agency web site like the Veterans Administration.

      So classes something like this:

      1. Federal and State web sites: Fully compliant with ADA, and additionally proofed to assure that they are readable by the 10% of men who are colorblind, and readable (with browser magnification) by the large percentage of those over 55 years old who require large typefaces because of macular degeneration or other visual defects. Also required to place identifying information in HTML comments on each delivered page (described below).
      2. Very large for-profit businesses (with 1,000 employees, or producing gross revenues exceeding 100 million USD per year, or something like that): same requirements as above
      3. Web development firms: same as above
      4. Local governments (city, county, school district, etc): partial compliance with ADA, colorblindness, etc, allowing exemptions on some clauses where compliance would add a significant cost to their operations
      5. Small businesses (under 100 employees with net profits below 100,000 USD per year): exempt from regulations when they can demonstrate that 80% or more of their web site is developed by their direct employee(s). And so long as none of the web pages contain the identifying comments required by certain other classes of users (to prevent end-runs around the requirements).
      6. Volunteer organizations: also exempt, under same conditions as small businesses
      7. Individuals: always exempt

      The identifying comments mentioned would contain the developer and the date of development (useful in allowing old pages to be grandfathered forward when ADA requirements are changed, even if they are not in compliance with the changes). The identifiers might also help in determining whether content was plagiarized, or is outdated-- but those are not ADA concerns. However the ADA could make it a felony to alter or remove identifying comments, which would probably have some nice secondary benefits, like decreasing plagiarism of commercial works.

      There would obviously be a need to periodically review the ADA requirements and the class structure. We can expect rapid technological improvements in both the web and in assistive devices for disabled individuals, and the ADA regulations should all be reviewed at least every decade.

      --
      Will
    44. Re:Good news...? by jbengt · · Score: 1

      It never occurred to you that the ADA was the worst fucking law ever?

      No, and I deal with it all the time (HVAC & plumbing design).
      99% of the requirements are cost-free or very low cost. Really, what's so bad about installing a lever handle rather than a knob, it evens helps the able-bodied when they have something in their hands. ADA doesn't apply to private single-family homes, and for large condos and apartment buildings, only a percentage of dwelling units need comply. ADA typically doesn't make you change existing facilities unless you're doing work anyway. Once you become familiar with the issues, design work is no harder and new construction doesn't cost a whole lot more than before the ADA. The main issue of costs I see is the need for elevators or ramps in situations that may otherwise require only stairs. (Elevators, even simple wheelchair lifts, can be seriously expensive). Even so, buildings more than 3 stories would usually get an elevator anyway.

    45. Re:Good news...? by PagosaSam · · Score: 1

      "Under Title III, no individual may be discriminated against on the basis of disability with regards to the full and equal enjoyment of the goods, services, facilities, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation. "Public accommodations" include most places of lodging (such as inns and hotels), recreation, transportation, education, and dining, along with stores, care providers, and places of public displays, among other things."

      Basically it is considered a violation of a person's civil rights to not accommodate their disability. Accommodation covers a broad area for action, however, not making the effort is a violation of the law that has been in place since 1990.

      Any business that caters to the public must comply or be fined and/or sued into oblivion. Like it or not, that is the way it is.

      --
      :q! Oh crap, not again...
    46. Re:Good news...? by PagosaSam · · Score: 1

      "My problem comes from Govt. requiring privately owned and operated businesses to adhere to these types of regulations."

      Sorry charlie, it's been the law since 1990. It is a violation of a person's civil rights to not accommodate their disability. As a business owner you have no choice but to comply or no longer do business.

      --
      :q! Oh crap, not again...
    47. Re:Good news...? by PagosaSam · · Score: 1

      Thank you! It's just good coding practices anyway. We should all be doing this.

      --
      :q! Oh crap, not again...
    48. Re:Good news...? by sarysa · · Score: 2, Interesting
      At the risk of getting Troll/Flamebaited like the other detractors, I'd like to make some points.
      • Your statement, that 99% of the requirements are cost-free or very low cost, indicates part of the problem. That other 1% is killer.
      • ADA litigation is where the real cost is. In California, we have an expression: "You can never be ADA compliant." Local ADA laws conflict with federal laws.
      • There's plenty of people around who'll take advantage of the lack of protections for businesses against ADA litigation abuse. Here's one local (to NorCal) individual whose litigation has been famously(local) described as blackmail. Businesses will often submit to said blackmail without verifying the validity of it -- it's not worth the cost to fight.

      While ADA was well intentioned, we need to fix the brick-and-mortar version of the law before even THINKING about applying it to websites. Period.

      --
      Charisma is the measure of someone's ability to lie with a straight face.
    49. Re:Good news...? by Shakrai · · Score: 1

      Ever heard of the 1st amendment? I don't recall a clause in there exempting certain forms of expression from protection if they aren't complaint with the ADA.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    50. Re:Good news...? by Anonymous Coward · · Score: 0

      Really, what's so bad about installing a lever handle rather than a knob,

      Lever handles are fine until the velociraptors are after you.

    51. Re:Good news...? by RightSaidFred99 · · Score: 1

      A web site is not a place.

    52. Re:Good news...? by PagosaSam · · Score: 1

      The OP was talking about physical locations. I agree with you that web sites are not.

      --
      :q! Oh crap, not again...
    53. Re:Good news...? by PagosaSam · · Score: 1

      Sue under the ADA.

      --
      :q! Oh crap, not again...
    54. Re:Good news...? by dorward · · Score: 1

      Would it make more sense to make two different models and install handicap unfriendly ones in places where it is unlikely that handicapped users would want to use them?

      Now *that* would be an unnecessary cost.

    55. Re:Good news...? by tofubeer · · Score: 1

      Both people have other disabilities. The only guy was in London England which is scary enough to drive in... but when you see he has limited control over his hands you really wonder how on earth he can drive.

      The other guy lives beside me. He appears to be deaf(ish... not totally). He also doesn't appear to move too quick.

      So, I am freaked out because of what I perceive is their slow reaction time. Having never driven with either of them I cannot say for certain that it is a problem or not though...

  2. So now the web will go back to looking like 1990? by Qzukk · · Score: 3, Funny

    Except without the spinning gifs and animated backgrounds and lame MIDI loops?

    SOLD!

    --
    If I have been able to see further than others, it is because I bought a pair of binoculars.
  3. read as ADA for web by Paul+Rose · · Score: 2, Funny

    read headline as ADA for web -- immediately thought they were going to push an interpreted ADA as a Javascript replacement -- need more sleep

    1. Re:read as ADA for web by Anonymous Coward · · Score: 0

      You're not the only one.

    2. Re:read as ADA for web by Anonymous Coward · · Score: 0

      read headline as ADA for web -- immediately thought they were going to push an interpreted ADA as a Javascript replacement -- need more sleep

      Well there is a programing language called Ada, and given the current state of Javascript maybe "a structured, statically typed, imperative, wide-spectrum, and object-oriented high-level computer programming language, extended from Pascal and other languages" would be a step forward. Another plus is it's named after a 19th century geek girl and contender for the title first computer programmer.

    3. Re:read as ADA for web by Anonymous Coward · · Score: 0

      Why was parent marked "troll" ? It is factually correct, while GP was wrong about the name of the language!

  4. Regulations.gov page isn't remotely 508-compliant by syntap · · Score: 4, Insightful

    and yet they are collecting comments on establishing more standards that go beyond 508?

    Most of the pics aren't tagged, the graphical navigation tabs are useless to a screen reader, and the page is full of popup javascript.

    It contains an enbedded alert that may be read off by an interpreter: "Regulations.gov will undergo a scheduled maintenance outage and will be unavailable Saturday September 19, 2009, from 9 a.m. to 12 p.m. (ET)" Thanks for wasting time with last year's outage info.

    Come on, can't government provide GOOD examples of accessible resources ESPECIALLY when gathering suggestions for how current rules and regs can be improved?

  5. More usual acronym for that is an ANOPR. by WOV · · Score: 1

    "Ay - Nope - Er."

  6. End of the internet by Anonymous Coward · · Score: 0

    While the ADA rules are a good thing in general, this looks like a "DCMA" type application. Publish a website and if its not "friendly" to the impaired -- visual or auditory -- you will get caught in DOJ investigation.

    1. Re:End of the internet by Sinistar2k · · Score: 1

      First, it's DMCA. Second, the DoJ doesn't often initiate actions against ADA offenders. That's usually left to individual plaintiffs. For example, http://jimthatcher.com/law-target.htm

  7. Some disabilities are more equal than others. by Anonymous Coward · · Score: 0

    Those with sight and hearing loss stand to benefit the most from this. Those with profound mental retardation? Not so much.

    1. Re:Some disabilities are more equal than others. by Nadaka · · Score: 1

      Screen readers can help the "reading impaired" aspect. Voice recognition can improve the "writing/typing impaired" aspect.

      But what, other than direct supervision by an experienced caregiver, can be done to "improve the web experience" for someone with profound mental retardation?

      With all due respect, some people are more equal than others.

      The blind, deaf and paralyzed have normal mental capabilities, their handicap lies in the information channel between their minds and the rest of the world.

      Providing alternate channels or improving the signal in a channel to enable them to use their faculties is perfectly viable.

  8. Good for AIs too by Maximum+Prophet · · Score: 1

    This is good news for AIs all over the web. A web site that is ADA compliant is much easier for a program to navigate than one that requires screen scraping and OCR. The bad news is that botnets can also run AIs, and making government information more available will make things easier for scammers.

    --
    All ideas^H^H^H^H^Hprocesses in this post are Patent Pending. (as well as the process of patenting all postings)
    1. Re:Good for AIs too by IICV · · Score: 1

      Even better, it's horrible for Flash!

      I for one welcome our future disability friendly HTML 5 overlords.

  9. This is a legitimate reason to hate Flash by Anonymous Coward · · Score: 0

    Never mind the Apple/iOS lacking Flash flamewar... this is THE reason Flash should be eliminated as soon as possible.

    Flash sites are almost universally hostile to anyone using a screen reader or other accessibility device. The sooner we can do away with Flash, if only so that blind people are on an equal footing on the web, the better.

    1. Re:This is a legitimate reason to hate Flash by Will.Woodhull · · Score: 1

      I was rather bothered that www.regulations.gov itself is heavily dependent on .swf files to convey its information. It also appears nearly blank if scripts are not allowed.

      I sent a complaint to the web master. This is just effing wrong.

      --
      Will
    2. Re:This is a legitimate reason to hate Flash by RightSaidFred99 · · Score: 1

      This will never happen. I know it's trendy now to try to make everyone equal by suppressing those with more abilities, but ultimately you're never going to be on an equal footing if you're blind. Why should people who like flashy shit or people who can design truly usable graphical UIs with Flash (or whatever) have to suffer so someone else who can't see can claim they are equal now?

      Don't get me wrong, being blind would suck and I feel bad for them. Government sites should accommodate and good businesses should too, but if you think this will do anything real you're crazy.

      Personally I'd give the big F-U and do as little as possible to meet the requirements if they pushed this on private business.

      <img ... alt="cool picture">. Done. <FlashShit... alt="cool flash app">. Done.

  10. Re:Regulations.gov page isn't remotely 508-complia by syntap · · Score: 2, Informative

    I should clarify: ALT tags exist for many of the pictures but they aren't useful tags. One is "close". As in close the door? As in close but no cigar? Tagging a pic with "logo" doesn't tell the user what distinguishes it from other logos.

  11. webrichtlijnen.nl by semargofni · · Score: 1

    We already have something like that in the Netherlands: http://www.webrichtlijnen.nl/english/.

    1. Re:webrichtlijnen.nl by FiloEleven · · Score: 1

      We already have something like that in the Netherlands: http://www.webrichtlijnen.nl/english/.

      Hey! Speaking English and not Dutch should not count as a disability! We are differently-abled.

  12. before that geocities... by Thud457 · · Score: 1

    there's always facebook

    --

    the preceding comment is my own and in no way reflects the opinion of the Joint Chiefs of Staff

  13. Re:So now the web will go back to looking like 199 by mcgrew · · Score: 1, Interesting

    I agree with it; governments SHOULD be accessible to all. Note this doesn't cover private web sites. Most private web sites (by "private" I mean non-government) are shooting themselves in the foot if their sites aren't readily accessible to everyone.

    Er, I must plead guilty, though. My Quake site (1997-2003) had spinning gifs (but not where they would interfere wiht reading the text), the background animated while loading (a Matrix-like pattern of ones and zeros that moved and disappeared), and no Midi loop, but a .wav of an edited to 20 second theme from the game. Rounded corners... But it was geared to the games Quake and Quake II, so it wasn't out of place. And it was accessible to the blind; I wrote the HTML and javascript in such a way that screen readers should have been able to parse, and images all had ALT tags.

    OMFG, I created web 2.0. What have I done?? Please forgive me everybody! I promise never to do it again!

  14. So... by Anonymous Coward · · Score: 0

    So like...I need to put ramps on my blog now?

  15. Just add cost by strikeleader · · Score: 0

    It's a good thing our governments have money to burn during this prosperous time. I am all for access to the handicapped, but how much will this cost tax payers.

    1. Re:Just add cost by eln · · Score: 3, Insightful

      how much will this cost tax payers.

      I'm guessing just about enough money to fight the war in Iraq for 5 minutes. Auditing and recoding government websites will probably cost several million dollars, but that's peanuts compared to most government spending, and it's more than worth it to make sure disabled people have access to the government they help pay for.

    2. Re:Just add cost by strikeleader · · Score: 0

      I'm sure that your logic is comforting to all the state, city, town, and municipalities in the country. Why is it that if doesn't cost as much as the war that it is OK to spend money.
      That is the same logic when a spouse spends money that is not in the budget but justifies it by saying that it was on sale. Regardless how you look at it someone (taxpayers’) have to pay for everything our governments do. When does fiscal responsibility come into play?

    3. Re:Just add cost by blueZ3 · · Score: 1

      But in terms of economic drag (let's spare readers the broken window fallacy, for the moment) how much will forcing compliance on non-government sites cost? For instance, if every small business in America (see "possible exemption for small businesses" in TFS for relevance) has to comply, what more profitable use of their time/money will they be missing out on? What's the opportunity cost here? If a business doesn't see a need to create a ADA-compliant version of their site, should they be compelled? If the manufacturer of automotive accessories doesn't think that the cost of re-coding their site for accessibility to blind people isnt' likely to be offset by sales, will the government use force to change their tune? Keep in mind that force, clothed in the glove of our civil law, but nonetheless a mailed fist, is what compels compliance.

      --
      Interested in a Flash-based MAME front end? Visit mame.danzbb.com
    4. Re:Just add cost by Sinistar2k · · Score: 1

      Look at the history of the implementation of the ADA to see how this will likely work. We didn't rip up every sidewalk in the nation to add curb cuts. No, the way these projects were handled was that accessibility improvements were tied to new construction or to significant reconstruction of a road, building, et cetera.

      If handled the same way, web sites will need to start rolling in ADA improvements with new releases of the site or even individual pages (depending on architecture). If you design a site with ADA/508 in mind, the cost isn't all that great.

    5. Re:Just add cost by jdgeorge · · Score: 1

      how much will this cost tax payers.

      I'm guessing just about enough money to fight the war in Iraq for 5 minutes. Auditing and recoding government websites will probably cost several million dollars, but that's peanuts compared to most government spending, and it's more than worth it to make sure disabled people have access to the government they help pay for.

      Furthermore, this will directly serve those who became disabled as a result of war. If we as a society are willing to ask soldiers to go off to war and risk their lives, we should also honor their sacrifices by doing our best to make sure the Internet is still useful for them.

    6. Re:Just add cost by Will.Woodhull · · Score: 1

      Federal websites were already supposed to be in compliance with most of the ADA regulations that are likely to come out of this, though sadly enough www.regulations.gov proves that this has not been well enforced.

      So we can hope that the cost for bringing agencies like National Institute for Health, Veterans Administration, and so on into compliance will be minimal.

      Those responsible for www.regulations.gov should be rounded up and brought to trial for the crime of unconscious conspiracy to commit treason.

      They do the USA a tremendous disservice that would be laughable, if it wasn't so stupidly, pathetically detrimental to the public welfare.

      --
      Will
  16. First step by MadGeek007 · · Score: 3, Insightful

    Before they can even think about making their web sites accessible for those with disabilities, they need to make the sites accessible for the general public. Nearly every time I have needed to find some information at the state level, I've had to sort through pages of outdated info, buried 4 or more links deep. I can only imagine what this process is like through a screen reader or other adaptive technology.

  17. Re:So now the web will go back to looking like 199 by mea37 · · Score: 3, Funny

    Yeah, right. Next you'll tell us that Windows 7 was your idea.

  18. Re:So now the web will go back to looking like 199 by jridley · · Score: 1

    And just imagine - there will at least have to be a way to navigate all sites WITHOUT FLASH.

    WITHOUT FLASH MAN!!!!

  19. ADA-yay! by oldpelican · · Score: 1

    Put the On-Off switch for the box on the keyboard. Apple is really bad about hiding switches and stuff. BTW, I am so disabled that folks are waiting for the movie rather than read the manual.

    1. Re:ADA-yay! by blueZ3 · · Score: 1

      I'm have 20-20 sight (corrected) and a fine sense of touch but I have to hunt for the power button on my wife's iMac. Not that it gets turned on/off all that often, but the power switch seems to have been professionally hidden/disguised.

      --
      Interested in a Flash-based MAME front end? Visit mame.danzbb.com
  20. Re:So now the web will go back to looking like 199 by logjon · · Score: 0

    It does cover private websites just like the ADA and various smoking bans cover private businesses. Do they care about your Quake website? No, but do keep in mind that there's a difference between 'private,' in the non-government sense, and 'personal.' 'Personal' websites are the ones that won't be affected.

    --
    The stories and info posted here are artistic works of fiction and falsehood.
    Only fools would take it as fact.
  21. Re:So now the web will go back to looking like 199 by mea37 · · Score: 1

    More likely there will be a wave of tools to facilitate making two versions of a web site and maintaining them in parallel. The marketing drones aren't likely to release their stranglehold on the web and let its original concept breath any time soon.

  22. Re:So now the web will go back to looking like 199 by NotBornYesterday · · Score: 1

    Good lord, no. I saw lots of websites in the 90s that were the opposite of good disabled-accessible design. Flashing red text on a green background? Try reading that if you are colorblind. Consistent and flagrant misuse of tables to format text? Ugh. Way to mess up a html reader.

    Unfortunately, taking a page that was poorly designed and redoing it to be more accessible often means (in my humble experience, anyway) rewriting much of it.

    --
    I prefer rogues to imbeciles because they sometimes take a rest.
  23. Sick of Political Correctness by ground.zero.612 · · Score: 0, Flamebait

    Hi, I am deaf. I would like to sue EMI, Sony, Universal etc. so that they make music more accessible to people such as myself.

    Hi, I am blind. I would like to sue Sony, Universal, Warner, and especially Playboy, etc. so that they make movies and magazines more accessible to people such as myself.

    Hi, I am a human. I would like to sue God, the Creator, etc. so that they make me into a space dwelling, universe traveling, immortal, so that everything in existence is more accessible to people such as myself.

    Hi, I'm ground.zero.612. I would like to say that my life is filled with what I consider my fair share of hardships and disappointments. I have learned that I am different than others, and that my abilities and disabilities do not always mesh.

    Everyone cannot do everything they think and dream. IMHO it is a wasted endeavor trying to appease people's pipe dreams. In other words "oh no the handicaps can't use something designed from the ground up to be used by the not handicapped."

    On a related note, I am looking for seed capital to begin the design and production of my quadriplegic accessible extension ladders. Any takers?

    --
    "Be prepared, son. That's my motto. Be prepared." --Joe Hallenbeck
    1. Re:Sick of Political Correctness by Wonko+the+Sane · · Score: 1

      You are making the mistake of assuming that the purpose of regulations is to serve those that they claim to protect or assist.

      Regulations exist to give one type of business a competitive advantage over another.

    2. Re:Sick of Political Correctness by chill · · Score: 2, Interesting

      Uh, there is a braille version of Playboy. Issues of Playboy printed in braille have been published by the National Library Service for the Blind and Physically Handicapped since 1970.

      --
      Learning HOW to think is more important than learning WHAT to think.
    3. Re:Sick of Political Correctness by ChristTrekker · · Score: 1

      I thought the purpose of regulations was to give control and a sense of power to the regulator.

    4. Re:Sick of Political Correctness by ground.zero.612 · · Score: 1

      Uh, there is a braille version of Playboy. Issues of Playboy printed in braille have been published by the National Library Service for the Blind and Physically Handicapped since 1970.

      Mod parent interesting! I always wondered what those mound shaped Playboy publications were for...

      --
      "Be prepared, son. That's my motto. Be prepared." --Joe Hallenbeck
    5. Re:Sick of Political Correctness by BZ · · Score: 1

      The thing is that there's no good reason for a web page to be "designed from the ground up to be used by the not handicapped". In fact, the original design of the web is quite amenable to use by people who may be blind, for example.

      Since I fully expect that some government websites will become required-to-use (by law) in the next decade or so (e.g. as it becomes impossible to get most IRS forms other than off the IRS website), those websites need to be accessible to everyone. The other option, of course is NOT requiring them to be used, but we're not heading that way as far as I can see.

      Of course in the real world there are compromises; no one is suggesting that the IRS site be accessible to someone who is deaf, blind, and quadraplegic, if nothing else because the technology to do it via smell is simply not there. ;) But making a reasonable effort to not exclude people who are blind or just nearsighted (e.g. by not using 5pt fonts; lots of nearsighted people there) or colorblind (a fairly large number of people there) doesn't seem unreasonable.

      Or put another way, what's the point of a government website if a large fraction of its target audience can't use it? Perhaps the information should then be shared in some other way, not via the web.

    6. Re:Sick of Political Correctness by cowscows · · Score: 1

      This isn't political correctness, this is basic human compassion as well as practicality. We're talking about adding basic accessibility to some web services that are quickly becoming a practical necessity in our society. A blind person shouldn't expect to pilot a fighter jet, but it's not unreasonable for them to expect to be able to pay their water bill online.

      --

      One time I threw a brick at a duck.

    7. Re:Sick of Political Correctness by butlerm · · Score: 1

      Apparently not by the publishers of Playboy themselves though. Of course if the magazine were offered as an online service, the problem would largely be eliminated. No secondary re-publishing required.

    8. Re:Sick of Political Correctness by betterunixthanunix · · Score: 1

      The ADA has nothing to do with making ridiculous accommodations. The requirements are sane and help ensure that people with disabilities can still function as members of our society; wheelchair ramps, braille on ATMs, lifts and elevators in public transportation. Given the fact that certain critical services are now accessed through the web (e.g. banking), it is both reasonable and logical to require certain websites to provide accessibility for people who have vision problems or who have difficulty handling a mouse/keyboard.

      Or should someone be excluded from paying bills online because they happen to be disabled?

      --
      Palm trees and 8
    9. Re:Sick of Political Correctness by Wonko+the+Sane · · Score: 1

      They sure do love that, but these things would never get passed unless the individuals that fund politicians' releection campaigns didn't want them.

      Do you really think that a regulation that affects a "too big to fail" bank or a corporation like GE will get passed into law unless it gives them a competitive advantage?

      The "please don't throw me into the briar patch" routine is strictly for the benefit of the voters.

    10. Re:Sick of Political Correctness by Sinistar2k · · Score: 1

      You are sick of political correctness because you are not adversely affected by the lack of it.

      My 8 year old kid with cerebral palsy benefits every day from the ADA, medical assistance, school systems forced to treat him like a human being, and the market for niche medical equipment that has blossomed as a result.

      Perhaps he should have just accepted that he was different and sat there staring off into space, awash in his drool, instead of partaking in a life full of experiences.

    11. Re:Sick of Political Correctness by noidentity · · Score: 1

      Hi, I am a cyclist. I would like to sue all the places I regularly shop that don't have a bicycle rack easily accessible in front of the store. Sometimes I'm reduced to chaining my bicycle to the pole on a parking sign, made to lose my dignity. It should be illegal not to have a decent bike rack in front of a store.

    12. Re:Sick of Political Correctness by mea37 · · Score: 4, Insightful

      Yeah, this isn't about the deaf being able to hear music.

      This is about every citizen having equal access to government, for example.

      If you don't know the difference, then I think I've figured out what your particular disability is.

      Your insinuation that everyone gets their "fair share" of harship and that this is no different for, say, a blind person than anyone else... yeah, that's nothing short of laughable.

      Now it woudl be easy to assume that you have no physical disability based on your comment. Alternately its possible that you have some (most likely minor) issue that your extremely proud of overcoming "on your own", in which case I guarantee there are ways you haven't even thought of that your daily life is affected. Either way, I'm willing to bet you have at least pretty good use of your eyes, ears, and arms.

      So try this: if I'm right that you have use of your eyes, go through one day wearing a blindfold. All day. No peaking, for any reason. Now imagine doing that every day of your life.

      If you don't have use of your eyes, then instead try going through a day having immobilized your writing-hand arm in a sling. Again, no use of that arm for any reason.

      Then we can haev a conversation about your "fair share" of hardship.

    13. Re:Sick of Political Correctness by noidentity · · Score: 1
    14. Re:Sick of Political Correctness by noidentity · · Score: 1

      Or should someone be excluded from paying bills online because they happen to be disabled?

      The profit to be made from making bill-paying disabled-accessible far outweighs the cost of implementing it, therefore any sane business will do so. It doesn't need the force of law to make it happen. Note I'm talking about private entities here; the government of course has no profit motive, so by all means, craft regulations for government websites, as it's the only way to give them feedback they can't ignore.

    15. Re:Sick of Political Correctness by maxume · · Score: 1

      So what obligation does flickr have towards blind browsers when most of their content is user-posted visual content?

      The site is rather obviously designed for people that can see.

      --
      Nerd rage is the funniest rage.
    16. Re:Sick of Political Correctness by BZ · · Score: 1

      > So what obligation does flickr have towards blind browsers

      Probably none.

      > The site is rather obviously designed for people that can see.

      When viewing, sure (though it has more than just images; users can provide alt text for the images and other related information which could be of interest to someone who can't see the image). But as you yourself pointed out, flickr has both content consumption and content upload functionality. I know of several blind users who make use of flickr to post photos they take. Should the flickr upload UI be available to such users? Why or why not? They're just like any other user who takes photos and wants to post them for their family to see or whatever. Note that last I checked said flickr UI is in fact harder to use than it should be if you're not sighted.

    17. Re:Sick of Political Correctness by FiloEleven · · Score: 1

      Wonko the Sane (surprised to see you here in the asylum, BTW!) is right. What you're talking about isn't the purpose, but an effect beneficial to corps with political power and detrimental to everyone else. The sense of power felt by the regulators just makes it a lot easier for bad regulations (which means "most of them") to be created. The quality of the regulation doesn't affect the feeling of power; it only affects everything else.

    18. Re:Sick of Political Correctness by XanC · · Score: 1

      Basic human compassion enforced at gunpoint. There's an important distinction there.

    19. Re:Sick of Political Correctness by XanC · · Score: 1

      Perhaps not everybody else in the world should be forced to be responsible for everybody else's shortcomings?

    20. Re:Sick of Political Correctness by XanC · · Score: 0, Flamebait

      Dignity went out the window when you put on your Spandex shorts and tootled around town on a kid's toy.

    21. Re:Sick of Political Correctness by Anonymous Coward · · Score: 0

      There is one very good reason for a 'web page to be "designed from the ground up to be used by the not handicapped"': the vast majority of that web page's users are not handicapped. More specifically, the majority are not blind and will not be using screen readers to access and navigate the page.

      I've read many claims that all information can always be conveyed in screen-reader-friendly text, but I've never seen any of the people making those claims support their position by providing a complete textual equivalent to a reasonably detailed map. Even with the ability to provide a LONGDESC link to a text page, there's a question of how one could describe the types and characteristics of all the objects depicted, along with their spatial relationships. If the map depicts data that change on a frequent basis, there would also be a question of how to maintain such a page. Yet the Section 508 and W3C accessibility standards require that the equivalent being provided is complete.

      A similar problem comes with graphs that include more information than the trivial examples provided to show how easy it is to make a page accessible. No matter how well-tagged the text-based data table is, not many humans can look at a page filled with numbers and make sense of it - which is why graphs are provided to the "not handicapped" in the first place.

      There is also a separate ADA issue that stems from expecting that web developers/maintainers check their pages using a screen reader. I have ADHD to the point that I cannot sit through that for even 5 minutes. While I can appreciate the fact I'm not completely deaf, where's MY equivalent accomodation for that, which tells me what the experience would be for those completely blind people who probably aren't going to my site to begin with?

    22. Re:Sick of Political Correctness by ground.zero.612 · · Score: 0

      Given the fact that certain critical services are now able to be accessed through the web

      FTFY

      If you are disabled, you are not able to access things designed for average people. Duh?

      I guess it's flamebait to suggest that people play the game of life with the hand that they are dealt, rather than try to change everything around them, or worse impose on players with "better" hands. (pun intended)

      Wheelchair ramps? Obvious and easy. Braille versions of literature or simple computer interfaces (ATM, phones, etc) are also obvious and easy.

      Changing the internet? Not so easy. Very expensive. Probably cheaper and easier to invest the money in sensory restoration medical technology.

      --
      "Be prepared, son. That's my motto. Be prepared." --Joe Hallenbeck
    23. Re:Sick of Political Correctness by Wonko+the+Sane · · Score: 1

      Translation: I like my subsidy and don't give a shit about the collateral damage as long as I get mine.

    24. Re:Sick of Political Correctness by maxume · · Score: 1

      I don't see any reason for the uploading to be particularly hostile to the blind. That they have a reasonably stable API for such things at least means that 3rd party accommodations should be straightforward.

      --
      Nerd rage is the funniest rage.
    25. Re:Sick of Political Correctness by Anonymous Coward · · Score: 0

      I frequently get moderated as trolling or flamebait when complaining about the fact that Flash and javascript have effectively decreased the accessibility of the internet, which deeply troubles me.

      I actually don't think this is the right example, the bilndfold thing, to explain the issue to people. People should become familiar with how a screen reader works, and attempt to do day-to-day stuff with one, or with a text-based browser, etc. Mundane tasks that everyone should be able to do often are very difficult, and occasionally things are effectively a disability tax on visually impaired users. For example, a blind customer of Comcast is going to have an extraordinarily difficult time accessing their online specials, which are uniformly better than phone-offered specials.

      And good luck explaining this to the call center.

    26. Re:Sick of Political Correctness by Sinistar2k · · Score: 1

      Wow, that was an awful translation.

      I don't like my subsidy at all, really. I would ideally like to be entirely self-sufficient and provide everything my child needs to survive and thrive. The truth of the matter is that such is not possible.

      Whenever I can, I find ways to handle his needs outside the system in order to reduce our dependence (for example, buying a $500 netbook out of pocket instead of having medical assistance buy the $8000 "medically approved" assistive communication device).

      But I can't afford to install a wheelchair lift in a public school, so I'm glad the ADA makes that happen. I can't afford or compel a concert hall to provide wheelchair accessible seating, so I'm glad the ADA does that so my kid can see a performance. I can't make Slashdot comments be accessible, but maybe, one day, the ADA will help do that so my son can come in here and call you a dipshit himself.

    27. Re:Sick of Political Correctness by Wonko+the+Sane · · Score: 1

      I would ideally like to be entirely self-sufficient and provide everything my child needs to survive and thrive. The truth of the matter is that such is not possible.

      So how much government compulsion is acceptable to you in order to extract the resources necessary for your child to survive and thrive that you are unable to produce yourself?

      Is there a limit? If so what is it and on what moral basis do you justify this behavior?

    28. Re:Sick of Political Correctness by Anonymous Coward · · Score: 0

      Or should someone be excluded from paying bills online because they happen to be disabled?

      The profit to be made from making bill-paying disabled-accessible far outweighs the cost of implementing it, therefore any sane business will do so.

      [sarcasm]Yeah just like pure economic theory prevented store owners from put-up "Whites Only" signs in the 1950s.[/sarcasm]

      Businesses are run by people, and most people make decisions on more than just an objective cost-benefit analysis and this will lead some to discriminate even when it is against their best interests, economically speaking. I wouldn't mind letting people continue in this sort of stupidity except that it causes direct harm to others beyond the ones engaging in the stupidity. Furthermore, if the particular discrimination is culturally rooted a non-discriminatory competitor is unlikely to arise to show the errors in the status quo.

    29. Re:Sick of Political Correctness by Wonko+the+Sane · · Score: 1

      [sarcasm]Yeah just like pure economic theory prevented store owners from put-up "Whites Only" signs in the 1950s.[/sarcasm]

      In many cases those signs were mandated by state laws. In other words - first the government mandated segregation under penalty of law. Then the government mandated desegregation under penalty of law. How about having the government leave private businesses alone for a change?

    30. Re:Sick of Political Correctness by Sinistar2k · · Score: 1

      Those are interesting questions.

      When my son was first born, diagnosed, operated upon, and signed up for every service imaginable, I questioned whether or not his life was worth the drain not only upon the finances of the state but also upon the lives of those who would support him.

      For the longest time, I did not see his survival as a decision that made any sense. It seemed to me it would have been better to let him expire naturally via aspiration (he is unable to swallow) than to perpetuate his imposition upon society.

      Part of this was due to my belief at the time that his inability to fully function physically was an indicator that he would be similarly cognitively dysfunctional.

      Over the years, that has proven to not be the case. He has, in fact, proven to be extremely intelligent, but getting to that point required his survival and the intervention of several people.

      Let me add at this point that intervention is a key word. When a family accepts support from government, all illusions of privacy disappear. We have had night nurses in our home for eight years now to provide care in order that my wife and I might remain productive, tax generating members of society. I do not, however, believe the people are getting a fair deal in this. Neither my wife nor I generate enough monthly income to offset my son's collateral expenses.

      So how much government compulsion is acceptable?

      For the most part, the government's compulsion in regards to my son is financial. The government compels each working citizen to hand over some amount of money and distributes it to a variety of programs, including medical coverage and education. I am unable to, on my own, provide an educational setting with peer interaction, payment for occupational, physical, and speech therapists, equipment acquisition and maintenance costs, and attendant nurses while at school.

      What I can and do provide are the things most parents do: food; shelter; support; transport; clothing; activities/experiences; love; guidance.

      But why government? Why does government provide so much for my son? And what would I do without those provisions?

      First, private insurance knows what the bottom line is: profitability. As such, they cover what they feel is adequate given a diagnosis, but they often provide less than minimum. For example, private insurance will pay for durable equipment (like a suction machine), but does not pay for the supplies required for its use, supplies that need to be refreshed every month. Our state government covers that as a result. Private insurance will not pay for nurses, but without them, he is not able to attend school. Again, state government (the taxpayers) pick up the tab.

      I'm not thrilled with the situation at all. But, I'm also glad the option is there.

      Second, government has put into place requirements for individual educational support for kids with "special needs" (a warm way of saying disabilities). It is through this system that the need for educational therapeutic support is determined and assigned (physical, occupation, and speech therapists). In my son's case, that support has resulted in his ability to communicate his own thoughts to us, so they are invaluable to me, but probably of little value to the majority of taxpayers.

      In the things that I can provide, the government compulsion of facilities access has been key. Mandates for ramps, lifts, elevators, even bathroom stalls, have allowed my son to explore new places and new ideas, furthering his intellectual development (again, hard to quantify the dollar value for the state).

      However, beyond access, I've never made a demand of an establishment or considered suing anyone. This is not true for all families with a disabled child. I know many who see litigation as a fast track to wealth.

      Is there a limit to the level of compulsion? Aren't there in all things? The ADA is about giving people with disabilities the chance to try, but it needn't go to ridiculous extremes (and here I realize that "ridi

    31. Re:Sick of Political Correctness by PagosaSam · · Score: 1

      If you don't have any basic human compassion, maybe someone should shoot you. ;-)

      --
      :q! Oh crap, not again...
    32. Re:Sick of Political Correctness by Wonko+the+Sane · · Score: 1

      In order for one person to consume more than he produces another must produce more and be persuaded to give up the excess. Either that happens voluntarily or it must be taken by force (stolen).

      Right now everything the government does falls into the latter category because all taxes are extracted under threat of violence.

      It's easy, but mentally dishonest, for individual to divorce the benefits he received from the government from the armed IRS agents that will arrest and imprison anyone who gets caught trying to keep everything that they produce. Since no one manages to get through life without receiving some benefit from the government we all have blood on our hands. The question is: Do we continue to defend this practice or do we decide that no one has the right to the production of another person?

    33. Re:Sick of Political Correctness by RightSaidFred99 · · Score: 1

      Given the fact that certain critical services are now accessed through the web

      This is simply untrue. You can find plenty of banks that have ramps and allow you to come in and do whatever banking you need to do.

      The web is a "nice to have", as much as nerds like to think it's the most important thing in history. Blind people got by 20 years ago going to their bank, they'll get by now. The "reasonable accommodation" banks, Target, Wal-Mart, etc... make is you can go into their store and conduct business.

      These sites _should_ accommodate, but they should not be forced to.

    34. Re:Sick of Political Correctness by noidentity · · Score: 1

      I wouldn't mind letting people continue in this sort of stupidity except that it causes direct harm to others beyond the ones engaging in the stupidity.

      Me deciding who I let into my private property and what forms I make the property into causes direct harm to others? (and please don't resort to silly "if you make your property into the form of a gun and shoot me, yeah, it harms me" because that's not what we're talking about here)

    35. Re:Sick of Political Correctness by ground.zero.612 · · Score: 0

      Wow, that was an awful translation.

      I don't like my subsidy at all, really. I would ideally like to be entirely self-sufficient and provide everything my child needs to survive and thrive. The truth of the matter is that such is not possible.

      Whenever I can, I find ways to handle his needs outside the system in order to reduce our dependence (for example, buying a $500 netbook out of pocket instead of having medical assistance buy the $8000 "medically approved" assistive communication device).

      But I can't afford to install a wheelchair lift in a public school, so I'm glad the ADA makes that happen. I can't afford or compel a concert hall to provide wheelchair accessible seating, so I'm glad the ADA does that so my kid can see a performance. I can't make Slashdot comments be accessible, but maybe, one day, the ADA will help do that so my son can come in here and call you a dipshit himself.

      Ok, I get that you want the best for your disabled child. Every parent wants the best for their child regardless of how healthy and normal they are. The issue I see here, is that you are letting those feelings cloud your rational judgment.

      As an example, I suck at basketball, and I'm a good 25lbs overweight. I'm also in my early 30s. The NBA will never let me play professional basketball. Just like you, I can't afford or compel the NBA to let me play. I would find our system utterly fucking broken if the ADA had the power to get me on an NBA team.

      Let me cut to the chase before I become too blunt and unintentionally offensive. Part of life is learning the limits of your abilities, and often times trying to extend or improve them. Part of life is also experiencing empathy, especially toward family, when it becomes apparent they lack certain normal abilities.

      I find it completely unrealistic and irresponsible to encourage someone who lacks the capacity to acquire normal abilities; rather than help them learn the limits of the abilities they have, or to test the boundaries of their limitations (whether they are physical or mental). I find it almost criminal that people try to mitigate their or their loved ones inabilities through the offloading of burden to society.

      In fact, for things like the internet, I would call it taxation without representation for every single normal person that is forced to pay extra. There is no reasonable expectation for a handicapped to be required to use the internet. Conversely, there are reasonable expectations for handicapped people to use banks, ATMs, etc; which for the record I am fine with as long as tax money isn't used.

      --
      "Be prepared, son. That's my motto. Be prepared." --Joe Hallenbeck
    36. Re:Sick of Political Correctness by Anonymous Coward · · Score: 0

      I wouldn't mind letting people continue in this sort of stupidity except that it causes direct harm to others beyond the ones engaging in the stupidity.

      Me deciding who I let into my private property and what forms I make the property into causes direct harm to others?

      Because this involves a business, not a private residence, restricting someone's access to do business with you harms a person economically when the majority of other business owners decide to have the same restriction against that person. Theoretically, if you were the only shop owner to decide not to sell to the disabled, it shouldn't matter unless you were the only source of specific goods or services. However, if you were one of 8 out of 10 business in the town who made the same decision, that could severely impact the lives of the disabled who lived there. The only way to prevent the severe case is to make sure all businesses that cater to the general public must make some basic allowances for the disabled as well.

    37. Re:Sick of Political Correctness by ground.zero.612 · · Score: 0

      Yeah, this isn't about the deaf being able to hear music.

      This is about every citizen having equal access to government

      No, this is about people like yourself postulating that the internet is somehow a requirement for accessing the government. This argument is patently false, and you should not have received a +5 Insightful for your comment.

      A blind man having a hard time navigating through life does not mean that my government should mandate that I pay higher taxes so that a particular technology that is not a requirement of any social services for said blind man be redesigned for blind people just because they want it.

      A blind man lacks the abilities required to use the internet, in the very same way that I lack the ability to play professional basketball in the NBA. Using the internet and playing in the NBA are things people want to do, but are not required to do.

      Can the internet be changed so blind people have more ability to use it? Yes. Can the rules of NBA be changed so people with worse skills have more ability to participate? Yes. Do I think this is something that benefits my society as a whole and therefore should be mandated and made possible through more taxes? FUCK NO.

      --
      "Be prepared, son. That's my motto. Be prepared." --Joe Hallenbeck
    38. Re:Sick of Political Correctness by noidentity · · Score: 1

      So because of this theoretical possibility, you feel the right to force people to do certain things with their own private property?

    39. Re:Sick of Political Correctness by Anonymous Coward · · Score: 0

      This argument is patently false

      You're absolutely right. The blind man should just drive over to city hall whenever he needs a form.

    40. Re:Sick of Political Correctness by Anonymous Coward · · Score: 0

      In my hometown, a hardware store couldn't afford to put in an ADA-compliant ramp for the one guy in town who used a wheelchair. When they said as much, he sued. The store, in the family for 2 generations, closed down because the owner couldn't carry the expense of the loan he needed for building the ramp- and the cost of the lawsuit.http://www.eluxurywow.net/
      http://www.etruereligionjeans-store.com/

  24. Link to Comment by unixcorn · · Score: 1

    I was going to comment until, while adding my personal data, I noticed that the state pull-down was alphabetized incorrectly. Now, I am not perfect but if I was browsing anywhere else I would immediately be worried I was at a site for harvesting personal information and not a government entity.

    1. Re:Link to Comment by luckyXIII · · Score: 1

      I went to the site to see what the problem was and found that's it's the exact opposite of what I was expecting. I often see state dropdowns that show the 2 letter code but are alphabetized based on the the full name (ie: VT comes before VA because Vermont comes before Virginia). This is the first time I've seen one display the full name but be alphabetized based on the abbreviation.

      --
      Some people have it coming - I'm just the delivery system.
  25. Re:Regulations.gov page isn't remotely 508-complia by swb · · Score: 1

    Son, the job of the bureaucracy is to CREATE regulations, NOT follow them.

  26. What Level of Disability? by Hutz · · Score: 1

    The largest problem with the ADA is that it never defined what a disability was. There are people with mental disabilities. Does your website have to be edited to a 3rd grade level?

    What if someone is illiterate?

    What if they don't speak English?

    What if someone is physically unable to click - how will a website cater to that need?

    There has been software to read websites to the blind for years, how will this differ?

    1. Re:What Level of Disability? by betterunixthanunix · · Score: 1

      What if someone is physically unable to click - how will a website cater to that need?

      By not requiring a mouse? Most web browsers all you to navigate using the arrow keys. Of course, this means that websites may be required to not use Flash (which cannot be navigated with a keyboard only) for every damned thing, or at least provide an option for no-Flash -- the horror!

      --
      Palm trees and 8
    2. Re:What Level of Disability? by Sinistar2k · · Score: 1

      Sure they have: http://www.eeoc.gov/policy/docs/902cm.html

      Illiteracy by itself is not a disability unless it is closely tied to a learning impairment. Nor is knowledge of the English language.

      People who are physically unable to click (by this you mean click a mouse button?) have had options for a while: sip/puff switches; eye gaze/blink; touch screens compatible with mouth-held stylus.

      Screen readers are only as successful as the web site they're reading. The new regulations would likely build on the Section 508 and WAI standards to ensure that all sites of public accommodations would be reader compatible.

      The biggest challenges are for heavy users of Flash and AJAX who have likely not spent any time considering accessibility.

    3. Re:What Level of Disability? by IndustrialComplex · · Score: 1

      Of course, this means that websites may be required to not use Flash (which cannot be navigated with a keyboard only)

      The ability to move a pointer on a 2 dimensional screen does not require the use of a mouse. It might be easier with a mouse, but the human interface device could be almost anything and flash wouldn't care.

      --
      Out of modpoints but really liked a post? 1BDkF6TtmmeZ3yqXbz9yhdYVqRYnwFoXDj
    4. Re:What Level of Disability? by Anonymous Coward · · Score: 0

      And so what about anyone trying to develop a game on the web? Just kill that whole sector off, I guess?

    5. Re:What Level of Disability? by DragonWriter · · Score: 1

      The largest problem with the ADA is that it never defined what a disability was.

      Actually, it does; see 42 U.S.C. Sec. 12102.

    6. Re:What Level of Disability? by Hutz · · Score: 1

      That definition was the useless language that created most of the problems. "Includes but is not limited to..."

      From this, you get to Casey Martin suing the PGA under ADA that the requirement to walk a golf course during a tournament is discrimination. Yes, ADA requires professional athletes be allowed to change the rules of the game to meet their needs, personally, I'm waiting for a motorized wheel chair in the 100M dash.

      But as Sinistar2k points out, I missed the The Americans with Disabilities Act Amendments Act of 2008 (ADAAA) that attempted to remediate some of these shortfalls (albeit 18 years too late).

    7. Re:What Level of Disability? by PrimaryConsult · · Score: 1

      What if someone is physically unable to click - how will a website cater to that need?

      You could always use MouseKeys.

      There has been software to read websites to the blind for years, how will this differ?

      Sites with poorly formed HTML, excessive amounts of Flash and JavaScript, important information in images with no alt text would become illegal. Overall it could be a net improvement (excuse the pun) as sites would go back to their roots of simple and functional (or have to offer a simple and functional alternative). There are so-called artistic types in company web departments that love to do flashy stuff despite its negative impact on functionality, this would be a nice way of keeping that in check.

      On the other hand, if taken too far, creativity would be stifled. Sites that are inherently about entertainment should be exempt, while sites that provide services like utilities, bank, etc should be made to follow it.

  27. Re:So now the web will go back to looking like 199 by IndustrialComplex · · Score: 1

    I agree with it; governments SHOULD be accessible to all. Note this doesn't cover private web sites. Most private web sites (by "private" I mean non-government) are shooting themselves in the foot if their sites aren't readily accessible to everyone.

    The same arguement could be made for handicapped spaces. Public (as you define it) should have such spaces, but I argue that the extreme requirements created a lucrative litigation ecosystem surrounding it that truly doesn't serve the needs of either the handicapped or the businesses.

    I just wish the regulations were less strict especially when I see certain businesses with a dozen empty parking spaces or the moral crusaders who get pissed off at seeing a 25 year old park in a handicapped space. (Yes, Mr. called the police, a 25 year old can have had surgery and have a temporary placard, it isn't just for the morbidly obese and octogenarians.)

    Not sure if I had a point to this rant. I guess it's just in areas where you could have flexibile handicapped spaces. IE: for a residential building, it doesn't make any sense if you have handicapped spaces if none of the residents are handicapped, and that if requested, a temporary handicap space could be designated for guests (if parking is really that tight) or semi-permanently added if it is for one of the residents.

    --
    Out of modpoints but really liked a post? 1BDkF6TtmmeZ3yqXbz9yhdYVqRYnwFoXDj
  28. this-can-only-end-well by Anonymous Coward · · Score: 0

    Wanna bet?

  29. I know businesses that ended because of the ADA by SuperBanana · · Score: 5, Interesting

    If a business doesn't cater to anyone handicapped (I guess it could happen), or just is ignorant enough to not do so and lose that business, that should be up to them. No one is holding a gun to the person accessing a site, nor should they be holding a gun to a private business to cater to any specific crowd.

    Ding ding ding.

    In my hometown, a hardware store couldn't afford to put in an ADA-compliant ramp for the one guy in town who used a wheelchair. When they said as much, he sued. The store, in the family for 2 generations, closed down because the owner couldn't carry the expense of the loan he needed for building the ramp- and the cost of the lawsuit. Result: he ended up working for nearly minimum wage at Walmart and couldn't afford to put his daughters through college. Another result: his two employees lost their jobs. The landlord lost a tenant (the store sat unoccupied for 2 years, in part because everyone knew that the first business to move in would get sued for not having an ADA-compliant ramp.)

    He was not alone.

    Some people just seem to forget that the world doesn't owe them anything. If you're injured or born without the ability to walk, that's nobody's problem except your own. "How cruel", you say. But where do we stop in defining disabilities? If I have autism, does that mean I can sue a store for being too noisy and crowded? If I have a peanut allergy, does a Thai restaurant have to give you a hermetically sealed room and special food stored, prepared, and cooked away from everything else?

    Move to a city where businesses can afford good handicapped access. Hire someone to spend an hour each week getting your groceries. There are hundreds of solutions other than forcing your problems onto others.

    1. Re:I know businesses that ended because of the ADA by Wonko+the+Sane · · Score: 4, Insightful

      In my hometown, a hardware store couldn't afford to put in an ADA-compliant ramp for the one guy in town who used a wheelchair. When they said as much, he sued. The store, in the family for 2 generations, closed down because the owner couldn't carry the expense of the loan he needed for building the ramp- and the cost of the lawsuit.

      Home Depot lost a competitor and WalMart gained a low wage employee. Sounds like the ADA is functioning perfectly.

    2. Re:I know businesses that ended because of the ADA by cowscows · · Score: 0, Troll

      I find it amazing that a family that had run a hardware store for 2 generations couldn't just build their own ramp. A handicap ramp doesn't need to be made of titanium and carbon fiber, plywood and 2X6's will work just fine. If they didn't have the space due to the way the building was situated on the street/property line/etc, then there are various rules in the law to help deal with that/grandfather in older buildings. If the rules were ignored when they originally built the place, then it's hard to feel sorry for them. Although if it was a rented space, then shouldn't the landlord have been responsible for it?

      --

      One time I threw a brick at a duck.

    3. Re:I know businesses that ended because of the ADA by kingduct · · Score: 3, Interesting

      This just isn't the truth. The ADA requires reasonable accommodations - solutions that make sense and are affordable. In the case of a big business, this would definitely mean installing the ramp. In the case of a small business, this would mean finding a workable solution, that could be a ramp or could be a small staircase elevator, or could be having a call button that calls a couple of employees to lift the wheelchair user into the store. There are many different solutions that are possible, and as we know, there are still many businesses that don't have staircases. There are numerous resources available on the subject: http://www.adata.org/

      In the case of new buildings, they should be designed in the first place to be usable for everyone. It doesn't add much extra expense and the end result is generally positive for all (I certainly notice ramps a lot more now that I have a baby in a stroller). In the case of websites, design that is accessible for blind users and other people with disabilities is generally good for all -- think of well designed css, avoiding distracting design (that is bad for people with learning disabilities), good usage of appropriate image descriptions, etc. It costs essentially nothing extra to include those in a new website and everyone can appreciate it.

      Frankly, if adding a little staircase elevator or having a ramp or finding another solution was so expensive that it put the store out of business, I think maybe this guy's business problems were a little bigger than he described them.

    4. Re:I know businesses that ended because of the ADA by Zerth · · Score: 3, Insightful

      The landlord lost a tenant

      If he was renting the building, isn't it the landlord's responsibility to to install the ramp?

    5. Re:I know businesses that ended because of the ADA by Ephemeriis · · Score: 0, Flamebait

      In my hometown, a hardware store couldn't afford to put in an ADA-compliant ramp

      If you can't afford an ADA-compliant ramp you've got bigger problems than wheelchair accessibility. It isn't like they're crafted out of solid gold or anything like that. Most of the family-owned places around here just have simple wooden ramps.

      he ended up working for nearly minimum wage at Walmart and couldn't afford to put his daughters through college. Another result: his two employees lost their jobs.

      Some people just seem to forget that the world doesn't owe them anything. If you're unemployed, that's nobody's problem except your own. Move to a city where you can find a job.

      The landlord lost a tenant (the store sat unoccupied for 2 years, in part because everyone knew that the first business to move in would get sued for not having an ADA-compliant ramp.)

      Seriously?

      Nobody could afford to build a ramp? Not the landlord, none of the prospective renters? None of them?

      But where do we stop in defining disabilities? If I have autism, does that mean I can sue a store for being too noisy and crowded? If I have a peanut allergy, does a Thai restaurant have to give you a hermetically sealed room and special food stored, prepared, and cooked away from everything else?

      Of course the line has to be drawn somewhere.

      And maybe it isn't drawn in a good place now.

      I don't know. I'm able-bodied and could do just fine without the ADA right now, so I honestly haven't given it much thought.

      But guidelines about ramps and braille lettering are useful for an awful lot of people. Hell, you don't even have to be straight-up disabled to appreciate a ramp... When I was moving out of our old apartment it was awfully nice to be able to wheel a dolly in and out, right up the ramp. And when I broke my leg it was far easier navigating ramps with my crutches than stairs.

      --
      "Work is the curse of the drinking classes." -Oscar Wilde
    6. Re:I know businesses that ended because of the ADA by Wonko+the+Sane · · Score: 2, Insightful

      I find it amazing that a family that had run a hardware store for 2 generations couldn't just build their own ramp.

      They were more likely perfectly capable of doing so but that doesn't mean that the "could" in a legal sense. Perhaps that city had regulations that only allow licensed contractors to perform that type of work.

    7. Re:I know businesses that ended because of the ADA by Shakrai · · Score: 2, Insightful

      Some people just seem to forget that the world doesn't owe them anything. If you're unemployed, that's nobody's problem except your own. Move to a city where you can find a job.

      There's a difference between losing your job because of economic factors and losing it because of some new regulation or bureaucrat.

      Not really related to the ADA but one of the most absurd things I ever saw was when OSHA fined my employer because we had a space heater with a uncovered fan in our maintenance shop. The fact that the space heater was mounted 20 feet off the ground and would require a ladder to reach didn't move the OSHA folks -- they still fined my employer. I guess someone could accidentally bring a ladder over and accidentally stick their hand into that fan or some such.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    8. Re:I know businesses that ended because of the ADA by natehoy · · Score: 1

      A handicap ramp doesn't need to be made of titanium and carbon fiber, plywood and 2X6's will work just fine.

      The ADA sets (very logical) limits on things like the incline of the ramp. You can't just lay a piece of plywood over the front steps and call it "ADA-compliant" because no human being could push a wheelchair up a 30-degree slope. It also has to be wide enough for a wheelchair and have some sort of railing to prevent a wheelchair from falling off the sides.

      But if your steps are too close to the road, building the ramp could block the sidewalk or cause other nuisances.

      However, I agree, it sounds somewhat implausible that a hardware store wouldn't have the wherewithal (or at least someone in their loyal customer base) to build a ramp if the building placement and layout accommodated it.

      If they didn't have the space due to the way the building was situated on the street/property line/etc, then there are various rules in the law to help deal with that/grandfather in older buildings.

      Agreed. This sounds like a proper place for an exception. However, those exceptions are usually up to a local code agent. Once the "cease and desist until you get it fixed" order comes in, it may be too late to save your business. Sometimes, winning is just a more bitter form of losing.

      If the rules were ignored when they originally built the place, then it's hard to feel sorry for them. Although if it was a rented space, then shouldn't the landlord have been responsible for it?/quote?

      If it was a second-generation, chances are it was in an old pre-ADA building. So, yeah, the ADA probably would have been ignored since it didn't exist. ;)

      And, if rented, the landlord may (or may not) have been responsible for it depending on the terms of the lease. If he was, the landlord might have had to say "it's not possible or not worth what I make in rental fees on that building. I can't do it, we'll have to cancel your lease and I'll find another tenant for the property that doesn't run a business that needs ADA compliance."

      --
      "This post contains words, known to the State of California to cause thought. Wash brain thoroughly after reading."
    9. Re:I know businesses that ended because of the ADA by Snarky+McButtface · · Score: 2, Informative

      Why did he need a loan for an ADA compliant ramp?

    10. Re:I know businesses that ended because of the ADA by SonnyDog09 · · Score: 2, Informative

      If the rules were ignored when they originally built the place, then it's hard to feel sorry for them.

      If the store had been in operation for two generations, then the ADA rules did not exist when they "built the place."

      --
      Your "fair share" is NOT in my wallet.
    11. Re:I know businesses that ended because of the ADA by Anonymous Coward · · Score: 1, Insightful

      Or perhaps the whole convenient story is a bunch of made-up horse shit.

    12. Re:I know businesses that ended because of the ADA by Anonymous Coward · · Score: 0

      Either the whole story is BS, or the business was on its way out anyway. Think about it. The town only has one guy in a wheelchair, and he decides to make everyone hate him. The business has been around for two generations, yet it can't scrape together the funds (or get in-kind work from one of their customers) to install a ramp. The business has been around for two generations, but still rents. The business couldn't relocate. The business couldn't pay off wheelchair man to go away.

      ...and so on.

    13. Re:I know businesses that ended because of the ADA by brainboyz · · Score: 1

      Having seen this dealt with at the company I work for there's more to it than that. Generally speaking, when a change needs to be made there's a whole list of things that cost money: architectural fee to get the design set to a standard, an overview fee to the city to get the design approved, possibly another round of both, a building permit application fee, a permit processing/filing fee, and sometimes other BS requirements in addition to the materials and labor to get the ramp built. I can also depend highly on the landscaping. This company happened to get around the ADA requirement because our grade out front is too steep to be compliant, but after the architectural stage it was determined we qualified for a hardship waiver due to the cost of regrading the entire front of the building.

      The ramp would be simple, the bureaucratic nightmare around it is not.

    14. Re:I know businesses that ended because of the ADA by Anonymous Coward · · Score: 0

      I find it amazing that a family that had run a hardware store for 2 generations couldn't just build their own ramp.

      They were more likely perfectly capable of doing so but that doesn't mean that the "could" in a legal sense. Perhaps that city had regulations that only allow licensed contractors to perform that type of work.

      If that was the case then it would have been an effective affirmative defense if brought-up in court. I find it very hard to believe a judge would rule against an interpretation of "reasonable accommodation" that requires breaking other laws. Of course, it may just be that you are making stuff up to further justify your ideological distaste for government regulations in general.

    15. Re:I know businesses that ended because of the ADA by eugene+ts+wong · · Score: 1

      Move to a city where businesses can afford good handicapped access.

      That's the best solution, in my opinion. The idea is that if we have specific cities catering to these special needs, then we'll have better accessible cities, as opposed to all places being sort of accessible. Of course people will not accept the idea of moving. It's as if the freedom to live wherever they want also means that everywhere has to fit their standards.

    16. Re:I know businesses that ended because of the ADA by Firethorn · · Score: 1

      If the store had been in operation for two generations, then the ADA rules did not exist when they "built the place."

      Indeed, and the business may have been in there long before.

      Personally, I'd lean on the 'reasonable' clause a lot in these cases. A simple study that shows implausibility should work - in this case a business that profits $50k/year and quote from 3 contractors saying '$250k to make it compliant because this is considered 'work' and therefore we have to also bring A, B, and C up to 'code'.

      Another funny thing - I remember reading that ADA rules increase the costs on apartments in NYC so much that it'd be cheaper to give them ALL free compliant apartments. Housing is already at a premium, and making something wheelchair compliant adds on something like 30% to the minimum space, plus makes the resulting kitchen(ette) LESS useful to non-handicapped.

      --
      I don't read AC A human right
    17. Re:I know businesses that ended because of the ADA by Wonko+the+Sane · · Score: 1

      If that was the case then it would have been an effective affirmative defense if brought-up in court.

      Sorry, that's not the case. "I can't afford it" is not an affirmative defense when it comes to ADA violations.

      Why don't you try reading some of the other posts by people with experience in this area or better yet, go out an meet a few local small business owners and ask them.

    18. Re:I know businesses that ended because of the ADA by Firethorn · · Score: 1

      In the case of a small business, this would mean finding a workable solution, that could be a ramp or could be a small staircase elevator, or could be having a call button that calls a couple of employees to lift the wheelchair user into the store.

      'Small staircase elevator'? That's cheaper than a ramp?

      I think what you're not understanding is that when you have a small company that might net $30k/year or less in profits, enough to support a family but not much else, it doesn't take much litigation to bankrupt them. You also don't necessarily get the best legal representation to be able to win those hardship waivers.

      Who knows, maybe they could of won an exemption with the town for being in a 'historical building', maybe they could have made a deal with the guy in the wheelchair, maybe the guy in the wheelchair was just looking for money(it happens).

      If he was looking for money paid to him to go away, well, he picked a poor target, but he doesn't care, and he's the least likely to work with them on a 'we'll work on a creative solution for whenever you come by'. He's going to want the 100% ADA solution, and money for him pointing it out.

      Heh, your mentioning a button to call somebody out to assist him up the steps reminded me of when I proposed 'NRA Airlines', where you get a discount for open carry. Can't use the terminal, so no security checks other than a quick check for bombs, which would be done by retired(but still with good noses) military bomb dogs. Handicapped passengers would be assisted onto the plane by men with such names as 'Hans' and 'Franz'.

      There are many different solutions that are possible, and as we know, there are still many businesses that don't have staircases.

      True, but the ADA depends on lawsuits for enforcement, for the most part, thus they're just one lawsuit that's not even necessarily from a handicapped person away from major expenses.

      Frankly, if adding a little staircase elevator or having a ramp or finding another solution was so expensive that it put the store out of business, I think maybe this guy's business problems were a little bigger than he described them.

      Certainly running a bit close to the wire, but then, most small town small businesses ARE.

      --
      I don't read AC A human right
    19. Re:I know businesses that ended because of the ADA by Anonymous Coward · · Score: 0

      On a commercial lease? Probably not. If you rent out a space in a strip mall or something, don't expect the owner to do anything to set it up the way you want. ADA compliance may or may not be included under basic facilities maintenance, but if it's been around that long, the lease probably pre-dates the ADA.

    20. Re:I know businesses that ended because of the ADA by Sinistar2k · · Score: 1

      After linking to Google, did you bother actually looking at all the pages in the results? Many of them have nothing to do with business being forced out of business due to ADA requirements.

    21. Re:I know businesses that ended because of the ADA by cowscows · · Score: 1

      I dunno, the story still sounds silly to me. Apparently there was only one guy in town stuck in a wheelchair, and since the number of people in the US that use wheelchairs is close to 1%, that must've been a rather small town. In a town that small I can't imagine a family owned shop that had been going for two generations got bullied out of business by an asshole code enforcement official. Small towns aren't exactly itching to shut down their local businesses.

      I design buildings for a living, and so I'm fairly well versed in handicap ramps. The max slope is generally 1:12, which means for every inch of rise, you need a foot of run. And you usually need about 4' wide once you add in handrails and such. So the ramps certainly can end up requiring a good bit of space, which can make it hard to fit one in. But on the other hand that can make your argument that your existing building doesn't have the space for a ramp much easier.

      And I'd also add that when you consider the type of stuff that hardware stores tend to sell, a ramp would likely be a very welcome feature even for the non-handicapped, because carrying heavy stuff up and down stairs sucks.

      --

      One time I threw a brick at a duck.

    22. Re:I know businesses that ended because of the ADA by Anonymous Coward · · Score: 0

      If that was the case then it would have been an effective affirmative defense if brought-up in court.

      Sorry, that's not the case. "I can't afford it" is not an affirmative defense when it comes to ADA violations.

      What? It explicitly is just that! From the definitions in the legal statute governing commercial:

      Undue burden means significant difficulty or expense. In determining whether an action would result in an undue burden, factors to be considered include --

      (1) The nature and cost of the action needed under this part;

      (2) The overall financial resources of the site or sites involved in the action; the number of persons employed at the site; the effect on expenses and resources; legitimate safety requirements that are necessary for safe operation, including crime prevention measures; or the impact otherwise of the action upon the operation of the site;

      (3) The geographic separateness, and the administrative or fiscal relationship of the site or sites in question to any parent corporation or entity;

      (4) If applicable, the overall financial resources of any parent corporation or entity; the overall size of the parent corporation or entity with respect to the number of its employees; the number, type, and location of its facilities; and

      (5) If applicable, the type of operation or operations of any parent corporation or entity, including the composition, structure, and functions of the workforce of the parent corporation or entity.

      In the situation you proposed it was either put a ramp up inexpensively and break the local laws, or not break the local laws but not having a ramp because it's too expensive to build one following the local ordinances. Given that situation a waiver would be appropriate and almost demanded by the freaking law.

    23. Re:I know businesses that ended because of the ADA by natehoy · · Score: 1

      I agree, the story sounds a little iffy. But I've also heard about successful suits because the accommodations, when made, were "not sufficient".

      I don't have the details, but there was something about a theater having trouble because the only way they could get theater-goers to the seats on the second and third floor was by using a freight elevator, and that was considered degrading. Hiring ushers to carry wheelchairs and their occupants was also unacceptable, so I think they had to shut down one of their two stairways and install a wheelchair lift, which then cause some issues with fire codes, if I recall.

      So the ADA has its share of issues like any other law.

      Once case in point. A little further up the coast from me, we have a new bridge that was just built a few years back. The government decided to spend a few extra million and put a fancy observation tower in. Waste of money if you ask me, but the Governor didn't, and the view is admittedly pretty cool.

      Anyway, the observation part of the tower had two levels. One was where the elevator came into, and had a 270-degree view of everything but a pretty but uninteresting nearby hillside. That level had a small observation area and a stairway that led to a second floor that had a 360-degree panoramic view.

      The 270 degrees on the first floor were carefully chosen so that someone in a wheelchair could see all the "interesting" stuff. The nearby towns, the bridge itself, the coast, etc. There was enough room for someone with a wheelchair to roll up to the 4th wall and see all 360 degrees, but that corner was a little crowded when the elevators came up.

      I bet you can see where this is going.

      Someone interpreting the ADA decided that everyone needed access to BOTH floors.

      So now, there are TWO elevators. The second one is a wheelchair lift that goes from the lower floor to the upper floor, and takes up almost the entire remaining part of the lower floor, and most of the walls that make up the most "interesting view" of both floors.

      Now, admittedly, the wheelchair lift is enclosed in transparent plastic, so the view is still pretty much visible, through multiple sheets of Plexiglas. There's a small space left where you can walk right up to the windows and look down at the actual bridge (the most interesting part), but only one person can get right up to the window at a time now, and only on the upper floor, where there was meant to be room for about 10 per floor on that wall.

      But the sad irony is that people in wheelchairs can't even see the bridge at all, except as a fuzzy impression through multiple sheets of plexiglas while they are riding the second elevator - the remaining space with a normal windowpane is too narrow to fit a wheelchair in.

      So, in this case, the ADA not only made things slightly less convenient for completely mobile folks (which is fine, I'm OK with that), but more importantly it actually made things worse for the very people it was designed to help.

      Small towns aren't exactly itching to shut down their local businesses.

      Small towns aren't exactly filled with large planning and approval boards that can balance out personal bias, either.

      Not saying that's what happened here, but I've lived in my fair share of very small towns, and love 'em, but there are two rules:

      1. Don't make enemies of the local sheriff or deputy, code enforcement officer, postmaster, or anyone else who can make your life a living screaming hell. Include in that list anyone who is a good friend of theirs, or their kin.

      2. When you violate rule #1, time to put the house up for sale.

      It's possible that the wheelchair-bound gentleman was the code enforcement officer's dad, or maybe his son worked for Lowe's.

      Sad, and certainly not the ADA's fault if true, but it happens.

      --
      "This post contains words, known to the State of California to cause thought. Wash brain thoroughly after reading."
    24. Re:I know businesses that ended because of the ADA by Wonko+the+Sane · · Score: 1

      almost demanded by the freaking law.

      That's why I said that it isn't really an affirmative defense. It relies on the discretion of a judge which may or may not be given.

    25. Re:I know businesses that ended because of the ADA by CraftyJack · · Score: 1

      Because he couldn't afford $2K. So he lost the business...that was supposedly going to put his daughters through college.

      Hang on, maybe my calculator's broken, because the math isn't quite working out here.

    26. Re:I know businesses that ended because of the ADA by Compunexus · · Score: 1

      Frankly you don't have a clue how much is costs to run a business or to buy and ADA compliant lift or build a ramp. So let take one of your premises, using employees to lift the wheel chair gut up the steps. He weighs 300 pounds. One or both of my employees are taken off the job to come outside to lift him and gets hurt. Now I have a workman's comp claim and 1 to 2 employees off work. They dropped the guy and now I have his medical claims to pay and he is filing suit. Next I need to build a Ramp. My store front does not have any space between it and the sidewalk that I can encroach on. So I modify my building at a cost of $50K to meet the "needs" of maybe 4 customers, who won't ever buy that much merchandise from me in their lifetime. So I chop off the end of my steps to put a 4 x 4 foot square lift with the required safety rails and signs. Train my employees how to run it. Have it maintained the required 4 times a year for a first year cost of $48k. BTW a quick survey showed a RESIDENTIAL grade lift is $19k to $25k. That is assuming I can get a good deal on the installation. And again I have to take employees off the job to operate the lift. I now have insurance liability for having and operating the lift. So the handicapped should go where the businesses will spend the money to accommodate them and leave the small business owner alone. If wheelchair guy lives in a small town with no ADA businesses, then either use the small town friendships he has and get help from his friends or move to the big city where there are ADA ready stores.

    27. Re:I know businesses that ended because of the ADA by cowscows · · Score: 1

      Fair enough, nothing's perfect, but overall I think the ADA does far more good than harm. As for your tower example, that's an issue that should've been settled before the thing was built. There's really no good excuse for an oversight like that on new construction.

      --

      One time I threw a brick at a duck.

    28. Re:I know businesses that ended because of the ADA by Anonymous Coward · · Score: 0

      almost demanded by the freaking law.

      That's why I said that it isn't really an affirmative defense. It relies on the discretion of a judge which may or may not be given.

      You are splitting hairs, and badly too. You either don't understand what an affirmative defense really is, how much discretion a judge normally has in any court room proceeding, or perhaps both at the same time.

      You don't think any form of affirmative defense relies at least partially on the discretion of a judge? Here's a hint, an affirmative defense normally has it's own burden of proof and therefore possibly many considerations which are at the discretion of a judge.

      Regardless, the judge has wide discretion over what is or is not allowed to be presented as evidence by either side. So even if this somehow was a negating defense rather than an affirmative one, the judges' discretion still is a major factor!

    29. Re:I know businesses that ended because of the ADA by natehoy · · Score: 1

      overall I think the ADA does far more good than harm

      No argument here.

      --
      "This post contains words, known to the State of California to cause thought. Wash brain thoroughly after reading."
    30. Re:I know businesses that ended because of the ADA by witherstaff · · Score: 1

      First off, let me state I work in the trades. For new construction ADA makes perfect sense. It's the requiring old structures that want to renovate, or the grandfather timeframe expired, or new city ordinances go in effect that forces an update to ADA that causes real issues. A local hole in the wall barber shop spent a fortune to make an ADA compliant bath. While there we asked if he had ever had a handicap customer ask to use the bathroom. He said once in his 30 years.

      The real kicker is that many people in wheelchairs or disabled, at least in the homes I've been in for work, don't have ADA compliance in their own homes. They simply can't handle the expense of potentially large renovations to get the added clearances, new fixtures, etc.

      My libertarian minded self thinks government places should be ADA compliant. Personal businesses on new construction sure. Existing privately owned, even if they serve the public, structures should be exempt and up to the individual to determine if it benefits them to do so.

    31. Re:I know businesses that ended because of the ADA by kingduct · · Score: 2, Interesting

      See the ADA FAQ at http://www.ada.gov/q%26aeng02.htm
      Here are a few of the questions and answers:

      Q. Are there any limitations on the ADA's barrier removal requirements for existing facilities?
      A. Yes. Barrier removal need be accomplished only when it is "readily achievable" to do so.

      Q. What does the term "readily achievable" mean?
      A. It means "easily accomplishable and able to be carried out without much difficulty or expense."

      Q. What are examples of the types of modifications that would be readily achievable in most cases?
      A. Examples include the simple ramping of a few steps, the installation of grab bars where only routine reinforcement of the wall is required, the lowering of telephones, and similar modest adjustments.

      Q. Must alternative steps be taken without regard to cost?
      A. No, only readily achievable alternative steps must be undertaken.
      Q. Will businesses need to install elevators?
      A. Businesses are not required to retrofit their facilities to install elevators unless such installation is readily achievable, which is unlikely in most cases.

      Q. When barrier removal is not readily achievable, what kinds of alternative steps are required by the ADA?
      A. Alternatives may include such measures as in-store assistance for removing articles from inaccessible shelves, home delivery of groceries, or coming to the door to receive or return dry cleaning.

      The ADA is very well written and did not become a fundamentally outrageous burden on our economy. All it has done is improve access for people with disabilities and really, all of us.

    32. Re:I know businesses that ended because of the ADA by kingduct · · Score: 1

      I should add that there are also significant tax credits for small businesses that need to make modifications to meet ADA standards:
      http://www.adainfo.org/business/#tax

    33. Re:I know businesses that ended because of the ADA by Anonymous Coward · · Score: 0

      This just isn't the truth. The ADA requires reasonable accommodations - solutions that make sense and are affordable.

      NO DUMBFUCK! When you are sued due to a federal regulation you require a LAWYER and those are almost NEVER CHEAP. Now, I expect hindsight might have lead to the store owner simply building a ramp on his own time and expense. However, maybe he was given a summons that it be "ADA compliant" or something not 'do it yourself'. Maybe the local building inspector wanted a punch of BS like a steel or concrete ramp in case of a wheel-chair ramp fire. Maybe the concrete work required a connected contractor to tie into the city sidewalks. Maybe monetary damages were sought or the judge admonished the business owner to get a lawyer rather than Model Ramp 942ZJ Who the fuck knows. The FACT and the TRUTH is that these regulations require lawyers to adjudicate not some fuckface on slashdot. If congress wanted a non-lawyer arbitration method - why would they as congress is filled with lawyers? - then they could have legislated it. If the cost is so fucking trivial, then the government can do it. After all, fuckfaces like yourself are always saying what a great thing taxes are and all the shit they pay for. If the cost is reasonable, have Uncle Sam pay it. Or yourself. Or shut the fuck up.

    34. Re:I know businesses that ended because of the ADA by Anonymous Coward · · Score: 0

      This just isn't the truth. The ADA requires reasonable accommodations - solutions that make sense and are affordable.

      NO DUMBFUCK! When you are sued due to a federal regulation you require a LAWYER and those are almost NEVER CHEAP

      Not true at all, since 1994, there has been an ADA mediation program which doesn't require lawyers and is focused on reaching a workable means to increase compliance rather than punishment of non-compliance.

    35. Re:I know businesses that ended because of the ADA by orasio · · Score: 1

      Some people just seem to forget that the world doesn't owe them anything. If you're injured or born without the ability to walk, that's nobody's problem except your own.

      ...

      Move to a city where businesses can afford good handicapped access. Hire someone to spend an hour each week getting your groceries. There are hundreds of solutions other than forcing your problems onto others.

      Ok. Exile for the disabled, or make them pay a tax for their disabilities. It's not cruel, it's stupid.

      If I were a fundamentalist individualist, like you seem to be, I would prefer to have laws that protect the disabled, just in case I became one of them. From that point of view, maybe everyone should be forced to pay a disability insurance, so they would not be a burden to society in the even they become disabled, or have disabled kids.

      That's not the way I think. I think a society is not better than how it treats its weaker constituents. That does not only include disabled people, but also the elderly, people who are very poor, and others. I think their problems _are_ mine, and I am also responsible of taking care of them. That's because that's the kind of society I want to live in, I'm not ok with what I get so far.

      I understand that catering to the needs of those with disabilities should not imply squashing other people. Anyhow, I don't see why you care about the hardware store owner, with your views, his financial issues are nobody's problem but his. He has the job he deserves, due to his inability to properly manage a business.

  30. Re:So now the web will go back to looking like 199 by IndustrialComplex · · Score: 2, Interesting

    Try reading that if you are colorblind

    Actually it's quite simple, grey on darker grey. I feel sorry for the people who aren't colorblind, look at the red/green text, and wish that THEY were colorblind.

    But don't worry, being colorblind isn't considered a disability. Even though you will be disqualified from a growing list of jobs.

    --
    Out of modpoints but really liked a post? 1BDkF6TtmmeZ3yqXbz9yhdYVqRYnwFoXDj
  31. Re:So now the web will go back to looking like 199 by mea37 · · Score: 1

    Yes, but even that blinking red on green text was conveyed to your browser in a format easy for a screen-reader to pick up. Today I've seen companies in the healthcare industry (i.e. who should expect to deal with a lot of older people with deteriorating vision) use white-on-light-blue raster images to display text. (No, they didn't use alt tags. Yes, it would be retarded even if they had.)

  32. So much for Flash by medcalf · · Score: 1

    I guess Apple was just ahead of the regulatory curve.

    --
    -- Two men say they're Jesus. One of them must be wrong. - Dire Straits
  33. Three-for-one by Anonymous Coward · · Score: 0

    It seems like a no-brainer to make applications and websites more usable with assistive technologies. Why? Because when you do you get a three-for-one.

    1) It's just a nice thing to do for people with disabilities. And if you're a business, that's a small but not insubstantial part of the population that your competitors may be ignoring.

    2) It makes you more visible to search engines, agents, and other "semantic web" "users". A lot of the information added to web pages for the sake of assistive technologies also serves as the semantic information that automated crawlers love for figuring out exactly what your web page is. More semantic info makes you Google's BFF.

    3) It makes automation easier. Most automation programs use the same interfaces as assistive technologies. The easier it is for assistive technologies to use your application, the easier it is to automate. Reduce maintenance time for your test automation and improve your accessibility at the same time!

    If all you need to do to get these benefits is add a little bit of hidden information, why wouldn't you do it?

  34. Re:So now the web will go back to looking like 199 by mea37 · · Score: 1

    The most common form of colorblindness is inability to distinguish red from green. Most other forms of colorblindness likewise involve specific pairs of colors being indistinguishable. From your comment it sounds like you see only shades of grey; that would be an extremely rare condition and is far from what is typically meant by the word "colorblind".

  35. Summary Plagiarized by Anonymous Coward · · Score: 0

    Summary content copied verbatim from http://webaim.org/blog/dept-of-justice-considers-web-for-ada/ without attribution. Shame on you, beetle496!

  36. Are Pr0n websites covered by ADA... by Anonymous Coward · · Score: 0

    Because I, ah, have a friend who might be interested in hearing the blow-by-blow description of what's going on.

  37. Re:Regulations.gov page isn't remotely 508-complia by metiscus · · Score: 1

    The first thing government tends to do after creating regulations is to grant itself exemptions from the same.

  38. Finally, sites that cater to my Flashphobia by noidentity · · Score: 1

    It will be a great day that I can view a website and not suffer an adverse reaction to all the Flash content. Symptoms include confusion and rage at the creator of the site.

  39. ADA Compliance = total busines, not website by Anonymous Coward · · Score: 0

    Using the logic they are proposing here, restaurants should not be allowed to have printed menus because some people can't see them, not allowed to have audio menus because some people can't hear them, not be allowed, in short, to have any menu short of a computer that can adapt to any combination of disability. That's simply wrong. Restaurants must allow everyone to order and be served but it's insane to think they would use the same media or tools for each.

    The DOJ is wrong, and they are also outside the letter and spirit of the ADA. The ADA requires that those with disabilities have a means of access. It does not state that every means of interaction must be open to all.

    A website provides information to people who can see and read. If you can't do that, call. If you can't do that, have someone do it for you.

    A business (or anyone subject to the ADA) should provide access to all... but a website is just part of the business's compliance tool set. They can have the most accessible website on the 'net and still be out of ADA compliance, or they can have the least accessible and be totally in compliance with the ADA.

    Having clueless people at the DOJ make up nonsensical rules is NOT a good thing. Post your comments against this ill-conceived effort now.

    1. Re:ADA Compliance = total busines, not website by Sinistar2k · · Score: 1

      Using the logic they are proposing here, restaurants should not be allowed to have printed menus because some people can't see them, not allowed to have audio menus because some people can't hear them, not be allowed, in short, to have any menu short of a computer that can adapt to any combination of disability. That's simply wrong. Restaurants must allow everyone to order and be served but it's insane to think they would use the same media or tools for each.

      If you read the linked documents, you'll see that they bring up the point of alternative means of access to goods/services/info. In your restaurant scenario, that means that fulfilling the accessibility obligation can include having somebody read the menu to you, provide you a braille menu, bring a sampler tray and let you nod at what you want.

      Section 508 standards have long had a provision for alternative presentations of information. An accessible website can be achieved by presenting otherwise media rich content in a plain text page as an alternative. There's no reason to think that would change.

    2. Re:ADA Compliance = total busines, not website by Anonymous Coward · · Score: 0

      You miss the point.

      The attempt to force website accessibility via the ADA is not equivalent to forcing a business to be ADA compliant. It is not equvalent to someone reading the menus, or a sample tray, etc. It is equivalent to saying that a restaurant must have menus which can, by themselves, be accessed by anyone -- and that's not what the ADA says.

      The reality is that a business can have a completely inaccessible web page and be fully ADA compliant. It may not be good business but it is in keeping with the spirit and letter of the law. All they need to do is provide equivalent access through other means.

      Trying to force businesses to ensure ADA compliance through a single means, whether it is web pages or ubermenus, will increase complexity and stifle innovation.

    3. Re:ADA Compliance = total busines, not website by RightSaidFred99 · · Score: 1

      Exactly, and well put. Everybody things the god damn web is sooooo important. "Oh noes, I can't prattle mindless gibberish on Facebook, and I can't pay my bills on the web and instead have to mail in checks or go to the bank like 50% of people probably still do anyway! The huge manatees!!!!".

  40. BUT BUT BUT you are SO WRONG! by way2trivial · · Score: 2, Informative

    You are being SO FREAKING unfair,

    "In 1970, Playboy became the first gentleman's magazine to be printed in braille."

    and they deserve SERIOUS kudos for that..

    they have been doing it for 40! years, and you just GUESSED that they were in default?
    Damn man.. give Playboy their props.. who the hell cared about the disabled in the 70's?

    Playboy, thats who....

    --
    every day http://en.wikipedia.org/wiki/Special:Random
  41. Great for disabilities, bad for property rights by noidentity · · Score: 3, Insightful

    This is amazing news! The impact that this will have for individuals with disabilities cannot be expressed.

    It'll be great for those it benefits, but what about the further infringement on the right of a person to put what they please on their own website? If they don't cater to a particular audience, that audience doesn't have to visit the site. Not that this is specific to this aspect of the ADA; the same applies to brick-and-mortar stores as well. What gives anyone the right to use legal force against a business owner who doesn't configure his property so that it caters to particular people?

    (Here come the negative mods in 3...2...1...)

    1. Re:Great for disabilities, bad for property rights by Will.Woodhull · · Score: 1

      Above should be modded up (I would do so, but I have already made a comment on this thread).

      Any government imposed ADA regulations will conflict directly with the right of every USA citizen to exercise free speech. However organizations like corporations and government agencies do not have a right to free speech-- that is only for individuals. So there are ways that an effective set of ADA regulations could be crafted that avoids the First Amendment issues.

      The ADA regulations will need to recognize classes of web pages. Government agencies and large corporations can and should be held to absolute requirements, while individuals publishing with their own resources should be exempt from all ADA regulations. There should also be some intermediate classes since soccer club web sites, small businesses, businesses that sell web development services, and so on should be slotted in between these two extremes.

      It will be messy, but if it was going to be simple we would not need government to regulate it.

      --
      Will
    2. Re:Great for disabilities, bad for property rights by PagosaSam · · Score: 1

      "What gives anyone the right to use legal force against a business owner who doesn't configure his property so that it caters to particular people? "

      Short answer, the Americans with Disabilities Act of 1990.

      --
      :q! Oh crap, not again...
    3. Re:Great for disabilities, bad for property rights by RightSaidFred99 · · Score: 1

      You do understand a [evil, presumably, judging by sentiment around here] Corporation is just a group of individuals, each of which has free speech rights? This was affirmed by the supreme court. So if it's a free speech issue, rabble rousing and making corporations play by special rules is nonsensical.

    4. Re:Great for disabilities, bad for property rights by Anonymous Coward · · Score: 0

      Yea- I have a problem when you are forcing small businesses to comply or making businesses unprofitable through excessive regulations like the airline industry and this regulation on all businesses. However I think there are certain reasonable expectations businesses should comply with. Smaller businesses need some leeway- but larger businesses using flash for instance should have none. Businesses should be required to comply with open public standards on the web.

    5. Re:Great for disabilities, bad for property rights by noidentity · · Score: 1

      But why? They aren't forcing anything on you; you're free to avoid visiting their site. What justifies using the force of law against them to do what you consider reasonable?

  42. Closed captions for internet streaming video. by flerchin · · Score: 1

    Video that is streamed over the internet, that would be required to have closed captions if transmitted over the airwaves, should be required to transmit those captions.

    Eg, NBC captions all (or almost all) of their content when broadcast, but only a limited selection of NBC content is captioned on hulu.com.

    Even worse, Netflix (www.netflix.com) transmits content that almost universally has closed captioning data available, but transmits none of it when internet streaming.

    --
    --why?
    1. Re:Closed captions for internet streaming video. by IndustrialComplex · · Score: 2, Interesting

      Video that is streamed over the internet, that would be required to have closed captions if transmitted over the airwaves, should be required to transmit those captions.

      Eg, NBC captions all (or almost all) of their content when broadcast, but only a limited selection of NBC content is captioned on hulu.com.

      Why should NBC be required to do that and bobsTVstation.com not be? Because they had the audacity to broadcast using EM waves once and therefore when they decide to do something on a completely different medium it should have the same regulations applied?

      You want NBC to do that, and it might even be a nice feature, but what they do on the internet is not really something that should be regulated.

      --
      Out of modpoints but really liked a post? 1BDkF6TtmmeZ3yqXbz9yhdYVqRYnwFoXDj
    2. Re:Closed captions for internet streaming video. by blueg3 · · Score: 1

      It doesn't say that. It says if the same content would be required to have CC if it was transmitted over the airwaves, it also would be required to having CC if it is transmitted over the Web. Radio transmission isn't used as a determining factor for requiring CC. Rather, they are reusing an existing standard for determining whether content requires CC (the standard that is used for radio transmissions of video) and applying that same standard to similar content with a different mode of transmission.

    3. Re:Closed captions for internet streaming video. by flerchin · · Score: 1

      Why should NBC strip the captioning data that is already encoded in their OTA broadcasts when streaming it over the internet?

      If the data is already available, they should be required to display it. IMO, NBC's refusal to display this data, when they already have exhibited the capability to do so, seems to be a deliberate middle finger to the hard of hearing.

      --
      --why?
    4. Re:Closed captions for internet streaming video. by IndustrialComplex · · Score: 1

      It doesn't say that. It says if the same content would be required to have CC if it was transmitted over the airwaves, it also would be required to having CC if it is transmitted over the Web. Radio transmission isn't used as a determining factor for requiring CC. Rather, they are reusing an existing standard for determining whether content requires CC (the standard that is used for radio transmissions of video) and applying that same standard to similar content with a different mode of transmission.

      The reason the Federal Government has any say in what NBC is broadcasting is because NBC is using radio to broadcast their signal.

      Isn't it a bit of a stretch to take regulation designed to regulate radio broadcasts and apply it to the internet?

      --
      Out of modpoints but really liked a post? 1BDkF6TtmmeZ3yqXbz9yhdYVqRYnwFoXDj
  43. Re:So now the web will go back to looking like 199 by IndustrialComplex · · Score: 1

    The most common form of colorblindness is inability to distinguish red from green. Most other forms of colorblindness likewise involve specific pairs of colors being indistinguishable. From your comment it sounds like you see only shades of grey; that would be an extremely rare condition and is far from what is typically meant by the word "colorblind".

    Yeah but if I said all that it would have ruined the joke.

    --
    Out of modpoints but really liked a post? 1BDkF6TtmmeZ3yqXbz9yhdYVqRYnwFoXDj
  44. Web sites are NOT public accomodations! by stevegee58 · · Score: 1

    Only physical places can be public accomodations.

    1. Re:Web sites are NOT public accomodations! by Sinistar2k · · Score: 1

      The proposal is relating to the websites of public accommodations. There is mentioned quite far in about debate regarding whether or not a business that has an online only presence can reasonably be considered a public accommodations.

      It would seem that hasn't yet been decided. Better get your comments in now!

    2. Re:Web sites are NOT public accomodations! by stevegee58 · · Score: 1

      Google "Access Now v. Southwest Airlines"

      It's already been decided in court that web sites are not public accommodations.

    3. Re:Web sites are NOT public accomodations! by DragonWriter · · Score: 1

      Only physical places can be public accomodations.

      This is incorrect. Per the relevant statutory definition (42 U.S.C. Sec. 12181(7)) a variety of "entities" are defined as public accommodations, not "physical places".

      Most of those entities would commonly also have physical facilities that would be their sole or primary mechanisms of interaction with the public, but many of them would, these days, also interact with the public through the Web. Some of them (particularly, certain undergraduate and postgraduate private schools, which are entities named as "public accommodations") might have the Web as their primary mode of access rather than a secondary one.

    4. Re:Web sites are NOT public accomodations! by stevegee58 · · Score: 1

      Google "Access Now v. Southwest Airlines" It's already been decided in court that web sites are not public accommodations.

    5. Re:Web sites are NOT public accomodations! by DragonWriter · · Score: 1

      Google "Access Now v. Southwest Airlines" It's already been decided in court that web sites are not public accommodations.

      Sure, one trial court found that way (which doesn't address the issue that the web site of an entity that is a public accommodation is subject to the requiremenst of the ADA.) That decision, further, has almost no precedential weight, as the decisions of a trial court aren't binding on any other court in any case between other litigants.

      (There was also a decision in the 11th Circuit on this case, but the decision in the 11th Circuit was based on the fact that the legal argument made on appeal was completely different than that made at the trial court, and didn't reach the merits of either the issues that were before the trial court or the issues that were made on appeal, refusing to reach the merits because the new arguments were improperly first raised on appeal.)

  45. Re:So now the web will go back to looking like 199 by Zerth · · Score: 1

    More likely there will be a wave of tools to facilitate making two versions of a web site and maintaining them in parallel.

    That's even better. That way, sighted users can use the clean, easy-to-use blind version as well!

  46. Re:So now the web will go back to looking like 199 by blueZ3 · · Score: 4, Insightful

    The real problem with the current system (IMO) is that--as always--regulation and government-created scarcity has lead to efforts to game the system and unintended consequences out the wazoo.

    This results in things like a morbidly obese patient slipping the doctor a $100 and getting a handicapped placard. So the fatty who most needs to walk the extra 100 ft a week now parks as close to the ice cream aisle as possible. Or to people either holding on to their placards after they've expired or making fake ones.

    When I worked in construction in L.A (putting myself through college) with my dad's company I saw two projects canceled because of the cost of complying with the ADA. One was a parking structure where the powers-that-be decided that it wasn't sufficient to have the "correct" number of handicapped spaces on the ground level--there must be an elevator in case some handicapped person parked in a non-handicapped spot on the 2nd floor and couldn't use the stairs.

    Unintended consequences, my friends: it's the gift of government that keeps on giving and giving and giving.

    And you can be sure that any effort to label the Web as a "public accommodation" will be evenhandedly applied by whichever of our two corrupt parties is currently in power. They'd never even think of using the "Justice" Department to harass website owners whose sites are ideologically opposed. Never, ever... pinky-swear, cross their hearts and hope to die.

    --
    Interested in a Flash-based MAME front end? Visit mame.danzbb.com
  47. Fuck department of justice fuck fuck by Anonymous Coward · · Score: 0

    I have a fuck you fuck you fuck you s...s...syndrome bitchslapslapbitchbitch called Tourette fuck asshole asshole syndrome asshole fuck fuck and I fuck you fuck you fuck you bitchslap asshole fuck want to work at the fuck fuck fuck you Department of fucking asshole cunt cunt bitch Justice with my fuck fuck mental disability fuck you cunt cunt, thank you!

  48. Does LL Bean create Braille catalogs? by Anonymous Coward · · Score: 0

    Does LL Bean create Braille catalogs?

  49. Yep, the non-handicapped will pay a price by elrous0 · · Score: 1

    Sure, it sounds like a no-brainer right? Who doesn't want to help the handicapped? The problem with requirements like this in the real world though is that inevitabley the non-handicapped (i.e., the average user) will pay a price for compliance.

    Got a video on the government website you like? Well, kiss it goodbye, because the odds are that said government agency can't afford to close caption it (close captioning isn't cheap). That means they'll just have to pull it and no one will get to see it.

    Got a sophisticated, sharp looking, complex website? Well, kiss that goodbye too. The Section 508 best paractices standards don't like complex layout because it confuses the text readers. Only now it won't just be a suggestion. It will be mandatory.

    And don't even THINK about Flash or pretty HTML5 effects! For that matter, don't even think about tables!

    --
    SJW: Someone who has run out of real oppression, and has to fake it.
    1. Re:Yep, the non-handicapped will pay a price by WeatherGod · · Score: 1

      Got a video on the government website you like? Well, kiss it goodbye, because the odds are that said government agency can't afford to close caption it (close captioning isn't cheap). That means they'll just have to pull it and no one will get to see it.

      It is also perfectly acceptable to make available a simple transcript, which is significantly cheaper because it doesn't involve setting up timings and such. This is a lot like having ALT tags for images, which should now be considered standard web etiquette.

    2. Re:Yep, the non-handicapped will pay a price by Sinistar2k · · Score: 1

      Got a video on the government website you like? Well, kiss it goodbye, because the odds are that said government agency can't afford to close caption it (close captioning isn't cheap). That means they'll just have to pull it and no one will get to see it.

      Except that both 508 and WAI consider a transcript of the audio to be an acceptable means of accessing the content for the deaf. And that same transcript can be screen read by the blind.

      Got a sophisticated, sharp looking, complex website? Well, kiss that goodbye too. The Section 508 best paractices standards don't like complex layout because it confuses the text readers. Only now it won't just be a suggestion. It will be mandatory.

      Sharp looking sites with complex layouts can be achieved by moving elements around in CSS while maintaining a logical (readable) source content order. As long as a screen reader can get to it, so can just about anyone else.

      And don't even THINK about Flash or pretty HTML5 effects! For that matter, don't even think about tables!

      Flash and HTML5, we'll see. But there are specific guidelines for building accessible tables, so I'm not sure why you think they'd go away. Many tools these days build accessible tables automatically.

      So far, I'm not seeing a very hefty price paid by the non-handicapped.

    3. Re:Yep, the non-handicapped will pay a price by Qzukk · · Score: 1

      Got a video on the government website you like? Well, kiss it goodbye, because the odds are that said government agency can't afford to close caption it (close captioning isn't cheap).

      Good riddance! If I wanted to sit around for 15 minutes listening to someone drone on and on about something I could have read in 10, I'd watch the damn news and sit through all the commercials to find out what could be lurking in my fridge waiting to kill me!!1!

      As others pointed out, transcripts are acceptable, and as a fully-non-disabled person, greatly appreciated.

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
  50. The ADA? A Good law? Since when... by Anonymous Coward · · Score: 0

    Okay...and since when are we pro-regulation of the internet? The ADA in general is ridiculous in my opinion, I'm all for accessibility for the handicapped, but the method in which it has been done thanks to the ADA has been heavy handed and ridiculous. Publish government standard for accessibility and require -ALL- government offices and websites to have those standards implemented. Failure to implement them is a civil offense, and those injured can sue the government for it. Make receiving government contracts of certain types require you to implement the standards as well - so basically anything that legally you NEED TO HAVE ACCESS TO you have access to. Let businesses look at a cost-benefit to see if it's worth implementing these things for the handicapped.

    Oh by the way, I have asthma, yes, that's classified as a disability under ADA. So where is my damn heated walkways to keep me from getting exercise induced asthma during the winter!

  51. Re:So now the web will go back to looking like 199 by timeOday · · Score: 0, Redundant

    The real problem with the current system (IMO) is that--as always--regulation and government-created scarcity has lead to efforts to game the system and unintended consequences out the wazoo.... Unintended consequences, my friends: it's the gift of government that keeps on giving and giving and giving.

    Unintended consequences have nothing in particular to do with government or regulation. All human decision making at all levels is riddled with error. That's why medicine has side effects, investments lose money, people get divorced, and businesses go under.

  52. Re:So now the web will go back to looking like 199 by Anonymous Coward · · Score: 0

    There's another side issue to this. The ADA is good in spirit but is a fundamentally flawed law. Some state laws, such as the California Unruh Civil Rights Act provide monetary damages to private plaintiffs who sue for discrimination. Combined with the ADA this has created in California and other states with similar laws "professional plaintiffs"; basically lawyers who shake down small businesses not compliant with the ADA and file hundreds, and in some cases over 1,000 lawsuits. There was a wheelchair bound lawyer in San Diego who would sue businesses for not being compliant, then offer to settle for roughly 2/3rds of what he knew (as a lawyer) their fees for defense would be; basically extorting these businesses for $20-$30k each. Some of these lawyers had filed over 1,000 lawsuits each in California; one lawyer named Jarek Molski had filed so many that the federal courts ruled he is not allowed to file a lawsuit unless approved by the state courts.

    The issue at stake is that the combination of these laws does not allow a business ample time to make the corrections; a stipulation in the ADA that would allow the business owner a period of time to make corrections to their business to accomodate the disabled person. Without that, every website out there could be subject to this shakedown.

  53. Re:So now the web will go back to looking like 199 by Anonymous Coward · · Score: 0

    You can have this today! Just order a new iPad.

  54. Good thing gov't only sites.. by Manfre · · Score: 1

    If they ever try to regulate business and privately owned websites, I predict the following will happen.

    1. Websites will start hosting their services outside of the US.
    2. Sites will detect ADA requests and only serve a plain text page with basic contact info.

    I'm not a fan of the negative side effects (frivolous lawsuits) of the ADA regulations.

  55. Re:Regulations.gov page isn't remotely 508-complia by Anonymous Coward · · Score: 0

    Sounds like a great sample website for the consequences of the ADA on the web.

  56. Finally! by awrz · · Score: 1

    Can you imagine how wonderful the web would be if ADA requirements were enforced on all the bullshit Flash websites?

    Looks like I'll be browsing in ADA mode all day long! (not that I don't already... *clicks on /b/*)

    --
    "--wine; a constant proof that God loves us, and loves to see us happy." --Benjamin Franklin
  57. Re:So now the web will go back to looking like 199 by cayenne8 · · Score: 2, Insightful
    "I agree with it; governments SHOULD be accessible to all. Note this doesn't cover private web sites. Most private web sites (by "private" I mean non-government) are shooting themselves in the foot if their sites aren't readily accessible to everyone."

    Except they mentioned possible exceptions for small businesses...which to me, means they ARE considering forcing these regulations on NON-govt. websites.

    --
    Light travels faster than sound. This is why some people appear bright until you hear them speak.........
  58. Re:HAHAAAAA, acronyms by Coren22 · · Score: 1

    I was curious why the DOJ was writing anything about the "Assistant District Attorneys" at all...until it started talking about disabilities...

    --
    APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
  59. Re:I'm glad they're out of business by zzsmirkzz · · Score: 1

    Um, no, wrong way to look at it. The store didn't demand anything, they just didn't choose to accommodate them. On the other hand, the disabled did demand a ramp from the store. You make think it's heartless (it isn't) but one person being handicapped shouldn't be a drain on everyone else. They shouldn't make their problem other people's problem. They have no right to do so. There are plenty of other solutions (some good, some bad) that achieve the same goal without every privately-owned store front being required to pay for and install a ramp.

  60. Welp ... by The+AtomicPunk · · Score: 2, Insightful

    I guess like everything else we over-tax and over-regulate, soon we'll drive all web hosting out of the United States.

    This is going to be a hell of a country to live in 10-20 years from now when absolutely no business takes place here. :)

  61. But sometimes I prefer to use a handicap ramp by Anonymous Coward · · Score: 0

    So maybe sometimes I might want to use an ADA alternate view of a website. For example, if I'm reading a web page about tensor analysis I might want to occasionally switch to the view that accommodates mentally disabled persons...

  62. YouTube and Captions by matria · · Score: 1

    That's not so difficult. http://www.youtube.com/t/captions_about

  63. Already Happening by jmactacular · · Score: 1

    The scary thing is it's ALREADY happening. Target was sued for their website violating the ADA and had to change their own private business website.
    http://arstechnica.com/tech-policy/news/2006/09/7705.ars

    As a veteran web developer, I appreciate guidelines on accessibility. Some things are simple. Alt tags, title tags, etc... But to make all of the guidelines mandatory (they have a LONG list) would destroy private business on the web.

    I've had what seem to me mind blowing conversations over colors before. Well, we can't make that red because what about people who can't see red. You mean like stop signs and traffic lights? Using the color red is an import visual cue borrowed from the real world. To not take advantage of it hinders our ability to communicate to sighted people.

    Another disturbing "guideline" is not to use Ajax. Really? Who is the government to tell me I can't use Ajax on the web. Or whatever future innovation from say HTML5 that we want to use.

    But the idea of being sued to change my website, like Target was, to me is truly frightening.

    1. Re:Already Happening by Sinistar2k · · Score: 1

      I've had what seem to me mind blowing conversations over colors before. Well, we can't make that red because what about people who can't see red. You mean like stop signs and traffic lights? Using the color red is an import visual cue borrowed from the real world. To not take advantage of it hinders our ability to communicate to sighted people.

      And yet, those conversations can yield some important findings. I oversaw Section 508 compliance in the redesign of my company's website and showed them that on several pages they were using the logos of our various products alone in a form of navigation. They were flags with different combinations of colors, but if you filtered the flags for red, two of them were identical with no other indicator as to which represented what product.

      Simple solution: Include the product names in ALT or plain text below the images.

      You can still use red wherever you want. The guidelines simply state that you shouldn't rely ONLY on color to communicate important information. That's why forms will often show notices in red and include the * to denote required data.

      As a veteran web designer, you should spend some more time actually reading both 508 and WAI and seeing that the requirements aren't that outrageous, especially given the option to present information in a separate but accessible form.

      And there have been ongoing efforts to improve the accessibility of AJAX, so there's no need to give that up, either. See WCAG 2.0 for more info.

      http://www.webcredible.co.uk/user-friendly-resources/web-accessibility/future.shtml

  64. If you can't satisfy it....ignore it by Danathar · · Score: 1

    This is what happens in many Federal government shops. Not that they ignore the law, they just avoid any sort of enhancement or technology that can't be cost effectively implemented within the ADA regulations. A prime example is closed captioning for streaming video. It's terribly expensive to hire somebody to do real time transcription for closed captioning. The result is that many an interesting lecture or presentation is simply NOT streamed. Not because they don't want to, because they can't AFFORD to (or their department can't afford to).

  65. "Forced speech" - a First Amendment issue by Animats · · Score: 2, Informative

    A federal law compelling websites to be redesigned for defectives raises First Amendment issues. It's "forced speech".

    In general, "forced speech" can be required in commercial contexts only. This has been litigated a few times with regard to the Internet and the ADA. OKBridge won on summary judgement; they don't have to make their online bridge site "accessible". (They did put in a large-type option, but you still have to be able to see the cards to play.) AOL settled with the National Federation for the Blind, and AOL made the next version of their client program more compatible with screen reader programs.

    The Department of Justice recognizes this. In their notice of proposed rulemaking, they write "It is the Department's intention to regulate only governmental entities and public accommodations covered by the ADA that provide goods, services, programs, or activities to the public via Web sites on the Internet. Although some litigants have asserted that ``the Internet'' itself should be considered a place of public accommodation, the Department does not address this issue here. The Department believes that title III reaches the Web sites of entities that provide goods or services that fall within the 12 categories of ``public accommodations,'' as defined by the statute and regulations. Because the Department is focused on the goods and services of public accommodations that operate exclusively or through some type of presence on the Web--whether hosting their own Web site or participating in a host's Web site--the Department wishes to make clear the limited scope of its regulations. For example, the Department is considering proposing explicit regulatory language that makes clear that Web content created or posted by Web site users for personal, noncommercial use is not covered, even if that content is posted on the Web site of a public accommodation or a public entity."

    Incidentally, the site doesn't give you the link to the docket for the proposed rule.

  66. Re:So now the web will go back to looking like 199 by tepples · · Score: 1

    Yeah but if I said all that it would have ruined the joke.

    "Yellow on darker yellow" wouldn't have ruined anything.

  67. wouldn't this lead by the_hellspawn · · Score: 0

    to web developers having to put in a bunch of hacks as they did/do for IE6?

    --
    "The laws of science be a harsh mistress." --Bender
  68. California already has this... by Arcaeris · · Score: 1

    ... but it's really terribly implemented.

    I used to work for the State of California, and in the CSU system they've implemented the Accessible Technology Initiative (ATI). It has, so far, been a huge catastrophe.

    The initiative states that all "information technology" systems being used by students or staff must meet accessibility guidelines - which stipulate that anyone, with any type of disability, must be able to use any piece of technology, any computer on campus, any website, any video, any learning materials - without hinderance.

    There are numerous problems already. Specifically related to web design (and leaving out all the hardware issues), every site has to be reviewed and there's no one to enforce this. Each CSU DEPARTMENT (not university, but each department at the University) is meant to have their own auditor and compliance person, but there has been no funding allocated for this, so there is no one doing reviews. It is extremely expensive.

    Vendors are confused as to what their systems need to do, as there are no clear specifications, yet this is a critical factor in awarding bids. A vendor can have a stellar product at a low price, but if someone takes the time to do a review and finds them a tiny bit out of compliance with the vague regulations, they lose the bid. It's not even remotely fair, so some departments have bypassed this and make purchases irrespective of the rules, and buy products to be modified later - which they never are. Everyone loses.

    For on campus entities, you have hundreds of different people making different websites, with no oversight to make sure that like the Athletics department promo videos can be viewed by someone who is blind, deaf, etc. Then you throw in departmental politics and nothing ever gets done. Not everyone knows the rules, and there's no one to check them, and no support for the program.

    It has been a clusterfuck, to say the least. The regulations went into effect a year or two ago and still they are probably 5% toward reaching their goal. In theory, I really like it, but I fail to see how the State of California (which is broke) is going to provide the massive funds needed so that a student with no eyes and a student with no limbs can sit down at ANY COMPUTER ON CAMPUS and use it to effectively work with any campus resource, such as online class registration.

    The Feds can make any rules they want, but unless they put serious money and effort behind enforcing it, they will not get any farther than California. For how much this will cost the government, they'd be better off just hiring people that you can call or text or whatever that will simply answer questions directly or do these services for the disabled.

    1. Re:California already has this... by butlerm · · Score: 1

      "A vendor can have a stellar product at a low price, but if someone takes the time to do a review and finds them a tiny bit out of compliance with the vague regulations, they lose the bid"

      This is the problem with binary thinking. Accessibility comes in degrees. Unless a product has serious problems, the deficiencies should be a consideration not a disqualifier.

  69. Re:So now the web will go back to looking like 199 by IICV · · Score: 1

    One was a parking structure where the powers-that-be decided that it wasn't sufficient to have the "correct" number of handicapped spaces on the ground level--there must be an elevator in case some handicapped person parked in a non-handicapped spot on the 2nd floor and couldn't use the stairs.

    Right, because handicapped people are subhuman and should be treated with only derision. Ha ha, you broke your leg and can't walk down the stairs! You shoulda gotten to work earlier, before all the pregnant women and other disabled people!

    Look, if there wasn't enough budget to add in an elevator, then maybe the project was too marginal to finish anyway? And also, it's not like the government just randomly makes changes like that - buildings currently under construction will be grandfathered in, and the people who plan new buildings will know that they have to include those sorts of amenities. Are you sure that the "powers that be" you talked about were actually the government and not just some higher-up in the company who decided they needed a reason to cancel the project?

    Anyway, every single multi-story parking structure I've seen around here (south of LA) has an elevator. Clearly the budget exists to build these things, your dad's company just didn't feel like making less money.

  70. Compare to phone banking by tepples · · Score: 1

    the user interface still requires you to be able to read a screen (to know which button along the display does WITHDRAWAL/DEPOSIT/BALANCE INQUERY/etc) in order to operate the device.

    I've noticed a headphone jack on several ATMs. Like you, I've never tried it myself, but I imagine it's like an automated phone attendant: "Press 1 for withdrawal, 2 for deposit..."

  71. Re:So now the web will go back to looking like 199 by Anonymous Coward · · Score: 0

    Speaking as a web accessibility expert. I would like to tell you flat out that 90% of sites I see these days can be made accessible just takes a bit more work and consideration of what you are actually doing. There are plenty of Accessible sites out there that might actually surprise you.

    Simply put most sites can be made accessible very easy just follow a few simple rules and you will be nearly there.
    * Use valid (x)HTML
    * Use Contextually correct (x)HTML (h# tags are meant for headings p for paragraphs and so forth. Don't use tables for anything but tabular data.)
    * Use alt properties for all images that convey information. ( You don't need to have alt text for your pretty ivy background it is not conveying anything.)
    * Do not require JavaScript to access information you should be able to see any and all information without JavaScript. For those that love to have hide show default to show all then hide only if JavaScript is present.
    * If you use Flash or any other multimedia provide alternative content that conveys the same information.
    * Make sure your color schemes have enough contrast for people with color issues.
    * Build your forms in proper order for tab-ing and use labels and fieldsets to separate and indicate fields and field groupings.
    * Make sure all links stand out and can be tabbed to.
    * If you try to convey information with a visual que like selected state in a menu use another tag in it's place like em or strong and style it appropriatly

    Of course there are more things you do need to do but in general it is more a matter of learning yourself or hiring someone who actually knows proper HTML and CSS.

    If you want more information on the guidelines they can be found at the following locations.
    http://www.w3.org/TR/WCAG10/ (WCAG 1.0)
    http://www.w3.org/TR/WCAG20/ (WCAG 2.0)
    http://www.w3.org/TR/WCAG20-TECHS/ (Techniques for WCAG 2.0)
    http://wcagsamurai.org/errata/errata.html (A group of experts who modified WCAG 1.0 to be up to date)

  72. 17 USC 121 by tepples · · Score: 1

    Would it make sense to REQUIRE all book publishers to publish extra copies in braille for example?

    No, but it makes sense to require book publishers to grant copyright licenses to Braille publishers and to publishers of audio books designed specifically for players available only to blind people. 17 USC 121.

  73. Re:So now the web will go back to looking like 199 by mcgrew · · Score: 1

    Thankfully, no. I'd have to shoot myself.

    (Joking; I have it on my netbook and it's not as bad as previous versions of Windows. I'm still going to replace it with Mandriva, though.)

  74. Re:So now the web will go back to looking like 199 by mcgrew · · Score: 1

    Hmm, full moon affected some moderator's reading comprehension? Mod this one redundant and it will be a fair mod.

    I agree with it; governments SHOULD be accessible to all. Note this doesn't cover private web sites. Most private web sites (by "private" I mean non-government) are shooting themselves in the foot if their sites aren't readily accessible to everyone.

    Who's giving illiterates mod points these days?

  75. Blind father, sighted daughter by tepples · · Score: 0

    For example, a website selling 3D shutter glasses being required to have a blind-accessible website.

    Unless one family member is blind and another will be using the glasses. The end user isn't always the one who places the order, especially if the end user is a minor.

  76. Re:So now the web will go back to looking like 199 by Shinobi · · Score: 1

    The sad thing is, for many disabilities, a well-made(NOTE: WELL-MADE) Flash interface is better than a bog standard clean HTML interface. Unless one assumes that only bad sight/blindness counts as a disability.

    One disability where a well-made Flash interface is advantageous is for example people with reduced mobility/manual dexterity. Large, distincite fields(Buttons) makes it easier for people with such disabilities. Hell, I have mild fibromyalgia with only rare attacks, and when I get bouts of that, I can sometimes barely type. In those situations using a mouse causes less pain and navigation issues than typing and otherwise using the keyboard.

    Unfortunately, as noted in the beginning, many just blindly(pun intended) assume that disability=bad eyesight/totally blind.

  77. Government-granted oligopolies by tepples · · Score: 1

    Start your own.

    This is far easier said than done, due in part to entry barriers that arise from state-enforced exclusive rights in land, electromagnetic spectrum, inventions, and works of authorship. For example, if you want to start your own cellphone company, spectrum is cost prohibitive.

    1. Re:Government-granted oligopolies by Wonko+the+Sane · · Score: 1

      It always comes back to the government, doesn't it? We need more regulations to "save" us from the problems they created in the first place.

    2. Re:Government-granted oligopolies by Golddess · · Score: 1

      Right, because it's totally a good thing to allow anyone and everyone to use whatever frequencies they want, with the customers being SOL if they're near a tower that overpowers the tower of the company they're actually serviced from.

      --
      "I'm not sure I like the fugnutish tone you used in your post!" -RogL (608926)-
  78. Re:So now the web will go back to looking like 199 by mcgrew · · Score: 1

    I just wish the regulations were less strict especially when I see certain businesses with a dozen empty parking spaces

    I'm not sure that's regulations, or the business owner's stupidity. There's a business in town that moved into a different building (Google streetview of it before the new business moved in), and after it moved in repainted the lot. It looks as though half a dozen handicapped spaces have been repainted, so now there are two. Clearly, the previous tenant had too many handicapped parking spots. If it were the regs, the new business would have needed just as many, since it's the same building and the same parking lot.

    I don't know if it's still like that, but the dumbest I've seen is St John's Hospital here in town. The elevator in the parking garage has buttons in braille, as if Ray Charles is going to drive himself to the hospital and park there. Meanwhile, the elevators in the hospital weren't marked in braille the last time I was there.

  79. Eye glaze by Quiet_Desperation · · Score: 1

    "The Department of Justice (DOJ) announced an Advanced Notice of Proposed Rulemaking (ANPRM) on the Accessibility of Web Information and Services Provided by Entities Covered-

    I got that far and lost interest, and I'm hardly a person with a short attention span.

    It takes a special sort mind to go into law. You may interpret "special" however you wish.

  80. How is this different then open source code? by Anonymous Coward · · Score: 0

    When people demand open source code, they do so in the belief that everyone should have access to what makes software run.

    This impacts a small percentage, but if you expect any business to open source code, then I don't see how you would have a problem with demanding that they open their web site.

  81. Re:Regulations.gov page isn't remotely 508-complia by bws111 · · Score: 3, Interesting

    Part of my job involves compliance testing for internal web sites. The regulations.gov site is pretty good from a compliance point of view. Have you tried 'viewing' it with a screen reader (eg JAWS)? All of your 'insights' are wrong.

      A screen reader does not just read the source of a web page aloud. It renders the page, then helps the user navigate through it.

    I did not find any non-tagged images (ok, if you look at the source you will see some, but those are in comments and thus not rendered).

    The graphical navigation tabs work correctly (the reader tells the user what the alt tags are for each area of the map, and allows them to 'click' on them).

    Pop-up javascript is no more of a problem to a screen reader than to a sighted user. When a pop-up occurs the screen reader will say 'new window' and read the contents of it.

    The embedded alert has exactly the same effect on a screen reader as it does on a sighted person - none, because it is never rendered.

    The image tagged 'close' is a big red X that is displayed at the top of a pop-up window. If a sighted person can understand that clicking on that X will close the window (as opposed to meaning 'sign here' or 'treasure is buried here'), why would a person using a screen reader have difficulty understanding that a clickable thing tagged 'close' at the top of a page will close the window?

    Lastly, tagging an unclickable image as "logo" tells the user everything they need to know about it - the image contains new usable information.

    You need to remember that having a page read to you is already a much slower process than looking at it. Making non-ambiguous things (like 'close' and 'logo') as terse as possible while still conveying the correct meaning is the right thing to do.

  82. The ADA by Anonymous Coward · · Score: 0

    The ADA has ruined the practice of architecture, sucking much of the fun, creativity and art from the profession. Virtually all of greatest works of architecture would be ILLEGAL to build today, thanks to the ADA. The ADA also forces the many owners of older/historic building to defer maintenance in order to avoid triggering compliance.

    The Act is basically a favor to the trade unions sold as feel-good equality nonsense. I shudder to think what it will do to the internet.

    1. Re:The ADA by Sinistar2k · · Score: 1

      Which of the greatest works of architecture would be illegal?

  83. Re:Regulations.gov page isn't remotely 508-complia by bws111 · · Score: 1

    Argh. "New usable information" should be "no usable information".

  84. Re:I'm glad they're out of business by Sinistar2k · · Score: 1

    They have no right to do so.

    If recourse to do so is granted by law (in this case, the ADA), isn't that technically a right to do so?

  85. Re:So now the web will go back to looking like 199 by Anonymous Coward · · Score: 0

    You seem to be working under the delusion that there wouldn't be unintended consequences and people gaming the system if those regulations were not in place. Or that these phenomena are somehow intrinsic to, or even made worse by, regulation.

    You also appear to be making claims without having all the facts. No offense, but I seriously doubt your client's project manager explained the cancellation in detail to every contracted bricklayer. Those projects could have been called off for any number of reasons.

  86. Off with his karma! by SoSueMe · · Score: 1

    Karma -5

  87. Traffic signals; WebSRT by tepples · · Score: 1

    Well, we can't make that red because what about people who can't see red. You mean like stop signs and traffic lights?

    Color-blind people see things in shades of black, yellow, gray, blue, and white. Stop signs in the United States are a shade of yellow conventionally called "red", but they're also regular octagons. The traffic signal for stop is also "red", but it's on top. The traffic signal for go isn't "green" at all; it's turquoise, like Slashdot's color scheme.

    Or whatever future innovation from say HTML5 that we want to use.

    The HTML5 working group designs the new elements with assistive user agents in mind. For example, the <video> element supports SRT timed text that a user agent can display as a transcript or as synchronized captions. The problem is with outdated screen reader software that either A. doesn't support the new elements or B. can't track changes to the DOM that your JavaScript app makes.

  88. Obamacare by tepples · · Score: 1

    Again, no one holds a gun to a customers head forcing them to patronize any private establishment.

    As I understand it, the recently enacted U.S. national health insurance program, nicknamed Obamacare, requires people to buy health insurance from a private company.

    1. Re:Obamacare by cayenne8 · · Score: 1
      "As I understand it, the recently enacted U.S. national health insurance program, nicknamed Obamacare, requires people to buy health insurance from a private company."

      Well, there's a number of states already lined up to try to fight this, as being unconstitutional.

      I hope they win...this is just another unprecedented intrusion by the Federal Govt.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    2. Re:Obamacare by RightSaidFred99 · · Score: 1

      I don't know if you've noticed it, but your kind isn't welcome here. SlashDot used to be kind of a mild-right/small-l libertarian hangout, not it's filled with a bunch of Government Can Solve All Problems types. Some kind of strange anti-corporate, big government hangout now.

  89. Re:So now the web will go back to looking like 199 by mcgrew · · Score: 1

    The issue at stake is that the combination of these laws does not allow a business ample time to make the corrections

    Meanwhile, "THE CITY of Springfield recently cited a rainy May as the reason it probably will not meet a deadline to make over 279 sidewalks compliant with the Americans with Disabilities Act by today.

    "When you consider that the first complaint was made in 2003, it's very hard to believe that explanation. It's more likely that the city blithely disregarded directives from the state attorney general and the Federal Highway Administration to make sidewalks usable by those least able to navigate the city."

  90. Plagiarized by Genwil · · Score: 1

    Most of the parent story was plagiarized from WebAim (http://webaim.org/blog/dept-of-justice-considers-web-for-ada/). This is stolen almost verbatim from the WebAim site.

  91. Fact Sheet != Accessible by Anonymous Coward · · Score: 0

    Their web page would fail my government's standards for accessibility.

    Plain Language - Fail. It's written at a Grade 17.8 level, with a Flesch reading score of 11.5 (out of 100)

    Acronyms - Fail -- On a screen reader, DoJ would be pronounced "dodge", and ADA would be "adda" - spell out the acronyms

    Descriptive text for Image - Has it, but using 'DoJ' acronym.

    Code - Fail. They're using TABLE tags for layout. They have empty paragraph tags, and extra tags.

      If you're going to put up a page about accessible web pages, you would hope the web designer would put extra effort into their page.

  92. Re:So now the web will go back to looking like 199 by Anonymous Coward · · Score: 0

    It is actually possible to creat accessible Flash interfaces. Unfortunately, it seems most developers don't bother.

  93. govt websites already covered by different law by Anonymous Coward · · Score: 0

    Except they mentioned possible exceptions for small businesses...which to me, means they ARE considering forcing these regulations on NON-govt. websites.

    There would be little point in debating whether to write disability accessibility regulations for govt websites considering that http://www.section508.gov/index.cfm?ID=3&FuseAction=Content the 1998 Amendment to Section 508 of the Rehabilitation Act already requires govt websites (and non-web apps) to give disabled employees and members of the public access that is comparable to the access available to others.

    So, clearly, the ENTIRE point of the DOJ considering whether to extend ADA is in order to apply it to non-govt websites.

  94. Re:I'm glad they're out of business by zzsmirkzz · · Score: 1

    It's not their right to force private businesses to accommodate them and their handicaps. The government has, however, forced private businesses to accommodate them for them, which they (the Government) believe is their (the Government's) right to do so (I don't exactly agree). A subtle distinction? Yes, but an important one.

  95. it's all about the information accessability, dawg by Thud457 · · Score: 1

    I find it quite telling that when people want to prevent access to information, they head straight for the Flash.

    Just look at all those crappy Flash image gallery implementations on artist/photographer/architect sites where they don't want you to STEAL THEIR STUFF, want to resize your browser and want to control how fast you move from image to image.

    lousy dirty bastards, I hate them all.

    --

    the preceding comment is my own and in no way reflects the opinion of the Joint Chiefs of Staff

  96. Re:So now the web will go back to looking like 199 by ultranova · · Score: 1

    Rounded corners... But it was geared to the games Quake and Quake II, so it wasn't out of place.

    This broke my irony meter :).

    --

    Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

  97. Just wait by SnarfQuest · · Score: 1

    Your web site will soon need to have a wheelchair ramp, and wheelchair capable toilets. You will also be required to have handicapped parking. And remember, government officials have no sense of humor, and will try to apply laws where the do not fit.

    http://groups.google.ca/group/rec.arts.sf.written/msg/073bea1aa44c9396

    --
    Who would win this election: Andrew Weiner vs Andrew Weiner's weiner.
  98. Re:So now the web will go back to looking like 199 by jbengt · · Score: 2, Informative

    When I worked in construction in L.A. . . .

    There's your problem right there. California, and LA in particular, have some of the strictest, most arbitrary, most "can't fight city hall", building codes in the nation. One time, when we were following a client's standard design of having a thru-the-wall A/C unit to cool the little server room within an unconditioned stock room / warehouse, LA inspector's insisted we build a permanent ladder and a platform around it for servicing, citing a section of the code obviously intended to prevent homeowners from falling through the ceiling when furnaces and A/C units get installed in unfinished attics.

  99. Re:So now the web will go back to looking like 199 by ultranova · · Score: 1

    Except they mentioned possible exceptions for small businesses...which to me, means they ARE considering forcing these regulations on NON-govt. websites.

    Then again, big business is pretty much running the government nowadays, so legislating accordingly might be seen as the appropriate course of action.

    --

    Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

  100. Re:So now the web will go back to looking like 199 by jbengt · · Score: 1

    I agree with your main point, but knowing nothing else other than what was stated, it sounds like a sufficient number of handicapped spaces on the ground floor would have been a reasonable solution.
    FYI, an elevator in a two-story garage, considering all that has to go into it, would probably cost in the low six figures, if not more. That's not counting the space it takes from more profitable usage.

  101. Re:So now the web will go back to looking like 199 by Anonymous Coward · · Score: 1, Insightful
    As one Public Works Director (in a large city) explained to me:

    Never before has so much been done for so few.

    I will never forget that.

  102. Re:HAHAAAAA, acronyms by DrVomact · · Score: 1

    I was wondering how come the DOJ was mandating ADA as the new language in which web pages had to be written. Oh, the horror...

    --
    Great men are almost always bad men--Lord Acton's Corollary
  103. Re:So now the web will go back to looking like 199 by Shinobi · · Score: 1

    Do blind people perhaps get a ride to the hospital by friends or family, to go to an appointment perhaps?

    Come on, that really shouldn't be too hard to figure out.

  104. I always thought by hellop2 · · Score: 1

    the web could use stronger typing.

    --
    How many more years will slashdot have an off-by-one error on your Score in your profile?
  105. Imitation is the sincerest form of flattery by beetle496 · · Score: 1

    I want to give due credit to Cyndi Rowland at WebAIM for the summary. I did not link to them in submission as their site probably would not stand up to the /. effect. I share the sentiment though. This is fantastic news, and anyone who hopes to get old should be grateful.

    --
    I paid the going retail price for a Windows screen reader and got a free Unix computer!
  106. Re:So now the web will go back to looking like 199 by h7 · · Score: 0

    Forget about fair moderation from Slashdot nowadays. Moderation has gone to the dogs with mass idiots joining this site. My previous account got modded down so severely to Karma terrible that my posts could not be read by anyone unless they browsed at -1. This new account has bad karma too. I now plan on trying a new system, view at 0 and mod up all on my friends list to +5,

  107. Re:So now the web will go back to looking like 199 by mcgrew · · Score: 1

    They're not likely to be in the parking garage unintended. They'll be dropped off at the front door or the emergency room. If they're coming from the parking lot, someone sighted will be with them.

  108. Re:So now the web will go back to looking like 199 by Shinobi · · Score: 1

    Not necessarily. With aids like braille embossed on buttons, audible cues etc, blinds don't always need someone with seeing to follow them at all times. Unless people reason as retardedly as you do.

  109. Re:So now the web will go back to looking like 199 by mcgrew · · Score: 1

    You still don't get it, do you? Why would a blind person be in a parking garage unintended? If blind person is in a parking garage he's not alone. I didn't say braille elevator buttons were stupid, in most cases they're necessary. I said braille elevator buttons in a parking garage is stupid.

    Tell me, why would a blind person be in a parking garage by himself?

    Speaking of retarded, my oldest daughter has a measured IQ of 75, you insensitive clod (but yours may be lower). Mine's 150, moron. Try to keep up and try to understand what I'm writing rather than blindly lashing out.

  110. Re:So now the web will go back to looking like 199 by Shinobi · · Score: 1

    I strongly doubt your IQ's any higher than your daughters... such father, such offspring and all that.

    What I pointed out was: The blind/severely degraded may very well have been dropped off by someone, or is waiting to be picked up, close to the elevators. If it's anything like a normal hospital, the parking garage elevator area tends to be less crowded than the area around the main entrance, and thus less chaotic. Unlike what you are trying to assert, there are perfectly valid reasons for a person with degraded sight/total blindness to be in the parking garage. In fact, in REALITY, it's often easier for those people to use that route.

    My condoleances to your offspring on having inherited your bad genes.

  111. Re:So now the web will go back to looking like 199 by mcgrew · · Score: 1

    I strongly doubt your IQ's any higher than your daughters

    Your ignorance is showing. Her disability was caused by her umbilical cord being wrapped around her neck when her mother went into labor. Most mental retardation isn't hereditary; in fact the primary cause is maternal alcoholism, secondary cause is trauma in infancy.

    What I pointed out was: The blind/severely degraded may very well have been dropped off by someone, or is waiting to be picked up, close to the elevators.

    Not at all likely at that hospital. It's a torturous drive to the parking garage up and down a few one-way streets, then through the maze that is the garage itself, while the main entrance is thirty feet from Madison Street and has a three lane drop off point, and the ER is just off Carpenter street.

    Nobody's going to go into the parking garage if they're not parking. Period.