Presentation at the 2013 CSUN Disability and Technology Conference about laws, regulations, court cases and legal settlements about digital accessibility for people with disabilities. Presentation by Lainey Feingold (@LFLegal) and Linda Dardarian (gbdhlegal.com)
CSUN 2013 Structured Negotiations (Lainey Feingold + Linda Dardarian)
CSUN 2013 Legal Update: Web, Mobile, Digital Accessibility (Lainey Feingold + Linda Dardarian)
1. Digital Accessibility: 2013 CSUN
Legal Update
(Web, Mobile, More!)
Lainey Feingold (LF@LFLegal.com) / @LFLegal)
Linda M. Dardarian (Ldar@gbdhlegal.com)
CSUN 2013
San Diego, California USA
3. Behind The Laws:
Digital Access Is A Civil Right
Right to be
Free from discrimination
Right to:
Information Education
Services Travel
Participation
Community
4. Overview: What Laws Require
Digital Access?
Americans With Section 508
Disabilities Act
21st Century CVAA
State Laws
Discrimination
Little 508 Air Carriers Access Act
Section 503
International
Section 504
5. Update: U.S. Federal Regulations
DOJ Private Sector
DOJ State + Local Gov’t
Section 508
DOT (Airline)
9. Courts Recognize Reading Rights
Google Digital Books
Philadelphia Library
Nooks
Florida State
10. Legal Strategies For Digital
Inclusion
Structured Negotiations
Lawsuits
State Attorney General
Investigations
Federal Administrative
Complaints
12. Recent Legal Settlements
MLB
Monster
Bank of America
Level Up
Quicken Loans Arena
Disney
13. Settlement Terms
Accessibility Training
Standard Web development
Customer service
3rd party content
Monitoring
Term of Agreement
Enforcement
Publicity
All channels (web /
Accessibility
Information Page app / FB)
14. Law = Money = Business Case
Payments to
individuals/orga
nizations
Class action
damages
Civil penalties
Attorney’s fees
and expert costs
15. Coming in 2013 (maybe)
• CNN Captioning
• JetBlue Airways
• Weight Watchers
• On-line Grocery
Delivery
• Maricopa CC
• Health Insurance
LF 2 minutes Picture: by 18 century zen master Hakuin Ekaku/. This picture is called 2 blind men on a bridge. Hakuin known for zen sayings including “In Singing and Dancing is the Voice of the Law”
LDAR 3 MINUTES -- The first idea I want to share is that the LAW around website accessibility is a CIVIL RIGHT. What do we mean when we say civil right in the context of web access? A right that an individual has to information… to services.. To participate…to community These are all very POSITIVE THINGS, and the start of any discussion of web accessiblity should start here. Do we want to live in a society where EVERYONE can access the web or not? Can we be SATISFIED with a system the keeps blind people from participating in on-line educational opportunities? That requires people to have mobility dexterity if they are to get a free on-line credit report. HARKIN – RIGHT TO CURRICULUM
LINDA – 3 minutes International: http://www.accessabilityadvantage.ca/about-the-aoda/ (Ontario: Accessibility for Ontarians with Disabilities Act: 50K fine/directors or 100K fine, corporation
2 minutes LF Title III: due December. Title II: Due July 508 due June DOT:
LDAR Slides 6 – 8 seven minutes
LDAR Slides 6 – 8 seven minutes
Slides 6 – 8 seven minutes
LF – 2 minutes Google digital book case. (Authors Guild v. Hathi Trust) NFB entered as defendant to protect universities’ rights to distribute accessible books to blind students and scholars. Litigation against Philadelphia library for giving patrons free inaccessible NOOK readers. Result – accessible readers. Follows litigation settled earlier re technology on university campusts
Ldar 14 and 15 – 3 minutes
ASK IF THERE ARE ANY QUESTIONS LF 10 + 11 = 3 minutes
LF 10 + 11 = 3 minutes
LF/LDAR 5 minutes
Law as business case – undue burden thing Canada ottawa Creative commons picture: credit to 2 minutes. LF LF to do ottowa
14 and 15 – 3 minutes LDAR
LF 5 MINUTES FOR 16, 17, 18
LF 5 MINUTES FOR 16, 17, 18 CSUN 12: FIRST THING COMPANY SAYS – YOU SHOULD HAVE CALLED US…
LF 5 MINUTES FOR 16, 17, 18
CSUN 12: ASK AT END: NOW HOW MANY PEOPLE THINK ADA REQUIRES WEB ACCESS?