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Date:      Fri, 2 Nov 2001 17:01:43 -0600
From:      Mike Meyer <mwm@mired.org>
To:        advocacy@FreeBSD.ORG, chat@FreeBSD.ORG
Subject:   Re: NatWest? no thanks
Message-ID:  <15331.9687.734603.325845@guru.mired.org>
In-Reply-To: <4.3.2.7.2.20011102153937.0434b8a0@localhost>
References:  <4.3.2.7.2.20011102132958.051040c0@localhost> <4.3.2.7.2.20011101223208.00b3ec20@localhost> <4.3.2.7.2.20011101190545.03ed6330@localhost> <20011101164226.B47017@jake.akitanet.co.uk> <4.3.2.7.2.20011102153937.0434b8a0@localhost>

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Brett Glass <brett@lariat.org> types:
> At 02:44 PM 11/2/2001, Mike Meyer wrote:
> >Whether the person in question had bipoloar disorder or an inability
> >to read the screen is immaterial. 
> Not at all. It is quite important.

Your saying it's important doesn't make it so. Try providing reasons
when you make such statements.

> Also, remember that the ruling in that case claimed that the owner
> of the site was running a "private club." Clearly, this is not
> the case for MSN, which is a public accommodation and which Windows
> users are COMPELLED to access for product activation. So, the
> ruling was very narrow indeed. And it only applies in one judicial
> circuit.

Yup, the court ruled that the place was a private club as well as that
it wasn't a physical place. Further, the Fifth Circuit court ruled
that OKBridge didn't violate the ADA because they weren't aware of the
alleged disability at the time.

And yes, the ruling in question only applies in one judicial circuit,
but it can still be considered as precedent in other circuits. Sure,
it's a remarkably flimsy precedent - but it's *still* better than any
precedent you've quoted or I've been able to find to defend the
position that the ADA applies to commercial web sites.

Again, if you've got a better precedent, lets hear it, not just you
stating what you wish were true yet again.

	<mike
--
Mike Meyer <mwm@mired.org>			http://www.mired.org/home/mwm/
Q: How do you make the gods laugh?		A: Tell them your plans.

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