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Re: LSAC Inaccessible Web Lawsuit

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From: Cynthia Waddell
Date: Feb 22, 2009 11:35AM


Sean,
I read your blog about the LSAC matter and you raise interesting points,
including the question: What is the responsibility of news agencies when
announcements of lawsuits are made? Your blog asks about balanced reporting
and whether or not there is a responsibility for the reporting agency to
present both sides.

Perhaps it would be of value to evaluate press releases made by a plaintiff
or defendant in a lawsuit? Press releases, by their nature in a U.S.
litigation posture, can be one-sided. Sometimes there are privileged facts
that cannot be disclosed precisely because a lawsuit has been filed. I
suspect that sometimes press releases are used as part of the overall
bargaining between parties to launch the dispute into the public sphere for
influence. On the other hand, lawsuits are a serious matter and press
releases should not be used to play games with the reputations of the
parties involved.

You might want to take a look at all NFB press releases to see if the tone
and rhetoric is the same as this one. I doubt you will see balanced
reporting on all of them. Consider comparing NFB press releases announcing
lawsuits with other civil rights press releases - maybe you may or may not
see language style differences. I also wonder if there is something about
social justice issues and civil rights that makes this type of press release
different from a different one about litigation over a non-civil rights
issue?

We will all stay tuned to this case since it is building upon California
case law established under the Target web accessibility case.

Best regards,
Cynthia Waddell



--------------------------------------------------
Cynthia D. Waddell, JD
Executive Director and
Law, Policy and Technology Consultant
International Center for Disability Resources
on the Internet (ICDRI) Phone: (408) 691-6921

ICT Accessibility & Government Services Expert
United Nations Global Initiative for Inclusive ICTs
www.g3ict.com

ICDRI is based in
Raleigh, North Carolina USA
http://www.icdri.org/CynthiaW/cynthia_d.htm

See My Books!
Web Accessibility: Web Standards and
Regulatory Compliance by Apress 2006
at www.icdri.org/WSR_Book.htm
See also Constructing Accessible Web Sites
www.icdri.org/constructing_accessible_web_site.htm

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