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Re: Seeking a New York based lawyer with ADA expertise

for

From: Ryan E. Benson
Date: Feb 25, 2018 1:16AM


> our US Sec. 508 regulation that requires information from foreign-based
entities to be accessible.

ADA and 508 are two different things. Unless Steve's client is getting
federal monies from the US Federal government, 508 is not applicable at
all. 504 may be though.

> However, there's room for interpretation by courts and federal agencies
that if an entity (organization, academic institution, contractor) receives
federal grant money or other federal funding, then the material created
through those monies must meet Sec. 508 accessibility requirements.

There's actually a gray area too, but that and the line I quoted isn't
applicable based on the first e-mail.



--
Ryan E. Benson

On Fri, Feb 23, 2018 at 3:31 PM, < <EMAIL REMOVED> > wrote:

> FYI, there is nothing in our US Sec. 508 regulation that requires
> information from foreign-based entities to be accessible.
>
> The law specifically applies only to US federal government ICT
> (information communication technology, under which a website and all of its
> content, including a/v, PDFs, social media, etc.). All ICT "Procured" by
> the federal government and used by the federal government must be
> accessible, regardless of where the "product" originates.
>
> However, there's room for interpretation by courts and federal agencies
> that if an entity (organization, academic institution, contractor) receives
> federal grant money or other federal funding, then the material created
> through those monies must meet Sec. 508 accessibility requirements.
>
> Commercial websites are not yet required to be accessible, although last
> year's Winn-Dixie settlement has set a court precedent that is supposedly
> fueling these lawsuits.
>
> Bottom line: it's murky. And with this type of lawsuit, only the lawyers
> get paid.
>
> Lainey Feingold would be my first recommendation. But also look at the
> American Bar Association's website for others who specialize in the area.
> https://www.americanbar.org/groups/bar_services/publications
> /bar_leader/2017-18/january-february/accessibility-
> matters-experts-and-lawyers-with-disabilities-help-bars-
> find-eliminate-barriers.html
>
> — — —
> Bevi Chagnon, founder/CEO | <EMAIL REMOVED>
> — — —
> PubCom: Technologists for Accessible Design + Publishing
> consulting ' training ' development ' design ' sec. 508 services
> Upcoming classes at www.PubCom.com/classes
> — — —
>
>
> -----Original Message-----
> From: WebAIM-Forum [mailto: <EMAIL REMOVED> ] On
> Behalf Of Steve Green
> Sent: Friday, February 23, 2018 2:43 PM
> To: WebAIM Discussion List < <EMAIL REMOVED> >
> Subject: [WebAIM] Seeking a New York based lawyer with ADA expertise
>
> I hope this isn't off topic. One of our clients has received a class
> action summons claiming one of their US websites is in violation of ADA.
> It's from an ambulance-chasing scumbag who started 15 similar class actions
> in January 2018. He has gone for smallish organizations who have enough
> money to be worth suing but are too small to put up much of a fight.
>
> Our client is actually a UK company that doesn't have any legal
> representation in the US, and they are looking for a New York based lawyer
> with ADA expertise to advise and represent them. Can anyone make any
> recommendations? My first thought was to contact Lainey Feingold (who is in
> California but probably knows everyone in the field) but I have not heard
> back from her.
>
> Regards,
> Steve Green
> Managing Director
> Test Partners Ltd
> 68-72 Queen Victoria Street, London EC4N 4SJ
> 020 3002 4176 (direct)
> 0800 612 2780 (switchboard)
> 07957 246 276 (mobile)
> 020 7692 5517 (fax)
> Skype: testpartners
> <EMAIL REMOVED>
> www.testpartners.co.uk
>
> Connect to me on LinkedIn - http://uk.linkedin.com/in/stevegreen2
>
> > > > >