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Re: thoughts from Jim Thatcher re the DoJ ANPRM

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From: Pratik Patel
Date: Jan 21, 2011 2:39PM

Hello all,

I will post the comments I have drafted on behalf of the American council of the Blind when the final version is ready later this afternoon. I will let the comments speak for themselves; but strongly believe that the approach being taken by the DOJ and various responses is for the web as we know it today. We must not forget that the regulations promulgated by the Department will be in efectfor a very long time. The world will have changed by the time these regulations go into effect. Frankly, according to the DOJ, ADA has always covered web accessibility. This implies that covered entities have been out of compliance all this time. It is about time that the DOJ clarify is stands and make web access as important as its other requirements. If organizations are going to argue that something is or is not feasible, then they should have the opportunity to apply for the undue burden argument. It should be no different than any entity considering not providing physical access.

I also believe many comments have focused so much on literally answering the questions posed by the DOJ that we have not looked carefully at how the DOJ has constructed its questions—what it has left out. It considers web access akin to physical access. That is a fundamental mistake. It should have considered communication access and not web access. The web is no longer a content consumption medium. It is a platform. None of the Department's questions point to this.

More later.

Regards,

Pratik