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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
> — — —
>
>
>