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The Role of Law in the Quest for an Accessible, Inclusive Web Lainey Feingold ([email protected] ) (@LFLegal) Linda M. Dardarian ([email protected] ) CSUN 2012
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Csun2012: Role of the Law in the Quest for an Inclusive Web

Jun 24, 2015

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Lainey Feingold and Linda Dardarian's 2012 CSUN presentation on the role of law in creating accessible and inclusive websites. More information from the presenters at http://lflegal.com and http://gdblegal.com.
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Page 1: Csun2012: Role of the Law in the Quest for an Inclusive Web

The Role of Law in the Quest for an Accessible, Inclusive

Web

Lainey Feingold ([email protected]) (@LFLegal)

Linda M. Dardarian ([email protected])

CSUN 2012

San Diego, California USA

Page 2: Csun2012: Role of the Law in the Quest for an Inclusive Web

PRESENTATION OVERVIEW

WHAT laws require the web to be accessible?

HOW are advocates using those laws?

What are the results of those advocacy efforts?

How can you be your own advocate?

Page 3: Csun2012: Role of the Law in the Quest for an Inclusive Web

WEB ACCESS IS A CIVIL RIGHT

Right to: InformationServicesParticipation

Right to be

free from discrimination

EducationTravelCommunity

Page 4: Csun2012: Role of the Law in the Quest for an Inclusive Web

WHAT LAWS REQUIRE WEBSITE ACCESS?

Americans With Disabilities Act

State Laws

Section 508

Section 504

21st Century CVAA

Air Carriers Access Act

International

Page 5: Csun2012: Role of the Law in the Quest for an Inclusive Web

Web Guidelines

=

More than a Code

Page 6: Csun2012: Role of the Law in the Quest for an Inclusive Web

HOW CAN WE USE THE LAW?

Page 7: Csun2012: Role of the Law in the Quest for an Inclusive Web

LEGAL STRATEGIES FOR WEB INCLUSION

Structured Negotiations

Lawsuits

State Attorney General Investigations

Federal Administrative Complaints

Page 8: Csun2012: Role of the Law in the Quest for an Inclusive Web

LAW + ADVOCACY = ACCESS

Bank of America Ticket Master CVS Major League Baseball American Cancer Society Staples Amazon TravelocityPenn State

ChaseTarget Rite Aid Credit Reports LSAC HSBC Price Line Ramada eBay

Page 9: Csun2012: Role of the Law in the Quest for an Inclusive Web

LITIGATION EFFORTS PENDING

CNN Captioning Netflix Captioning Disney JetBlue Airways

Page 10: Csun2012: Role of the Law in the Quest for an Inclusive Web

SETTLEMENT TERMS

Accessibility Standard

3rd party contentTerm of AgreementPublicity

Training Web Development Customer Service

Monitoring Enforcement

Page 11: Csun2012: Role of the Law in the Quest for an Inclusive Web

MONEY IS PART OF THE LANGUAGE OF THE LAW

Attorney’s fees and expert costs Payments to individuals/organizations Damages in class actions Money means law is part of the business case

Page 12: Csun2012: Role of the Law in the Quest for an Inclusive Web

Punch in the Stomach or

Outstretched Hand?

Page 13: Csun2012: Role of the Law in the Quest for an Inclusive Web

Carrot or Stick?

Page 14: Csun2012: Role of the Law in the Quest for an Inclusive Web

CHOOSING A STRATEGY: FACTORS TO CONSIDER

Who decides outcome and how?

Cost RisksWho has a voice at the table?

MoneyPrecedentFlexibility RelationshipsExperts

Page 15: Csun2012: Role of the Law in the Quest for an Inclusive Web

LAW WITHOUT LAWYERS

Advocacy Efforts BEFORE you Call a Lawyer

Page 16: Csun2012: Role of the Law in the Quest for an Inclusive Web

Complaints to Website Owners

On-line contact pages

Toll-free phone numbers

Facebook

Twitter

Page 17: Csun2012: Role of the Law in the Quest for an Inclusive Web

Document Document Document

Keep track of communications

Give deadlines

Follow-up

Page 18: Csun2012: Role of the Law in the Quest for an Inclusive Web

Use the Language of the Law

» Everyone Deserves the Right to Travel ….

On the Information Highway

Page 19: Csun2012: Role of the Law in the Quest for an Inclusive Web

LEARN MORE

HTTP://LFLEGAL.COM

HTTP://GDBLEGAL.COM

1-800-822-5000