US Government Explores Applying ADA to Private Web Sites - Page 2


© Glenda Watson Hyatt
Page 2
As Judy Brewer, director of the Web Accessibility Initiative International Program Office, points out, "With close to 20% of the US population having disabilities, and many of those disabilities affecting access to information - including visual, hearing, physical, and cognitive disabilities, as well as the changing abilities of seniors - companies that forget to design for accessibility inadvertently throw away part of their marketplace."

Also, "According to Forrester Research, sites drive away up to 40% of repeat traffic by not making it easy for visitors to find the information they need. Even users without any disability find much of the Internet confusing to navigate and difficult to adapt for their individual needs." [Susyn Conway, representing the US Internet Industry Association]

4. Requiring accessible web design will infringe upon the First Amendment - Freedom of Speech.

Professor Peter Blanck, University of Iowa College of Law, clears up this misconception by stating, "such a requirement would not alter the content of their speech; it would not restrict their editorial discretion over the material that they transmit or display; and it would not require them to display or otherwise engage in any speech that is not their own. Put simply, the values that are central to the First Amendment are not implicated by a statute that in no way restricts -- and in fact expands -- the dissemination of a speaker's freely chosen message."

Charles Cooper, Cooper, Carvin & Rosenthal, PLLC, further illustrates, "...if application of the ADA to ISPs violated the First Amendment, then a requirement of closed captioning for television programming would also be unconstitutional. Yet, such an incidental burden on speakers that merely expands the reach of their own freely chosen message has never been found to violate the Constitution."



If you have any questions or would like further information about accessible web design, please email me.

Cheers,
Glenda
Soaring Eagle Communications
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