[BCAB] SUPREME COURT CASE

Barry Hill barry.hill3 at sky.com
Wed Oct 9 16:49:35 BST 2019


I do indeed, Eleanor.  I work for it, but that's not what I was saying.
Just because I understand something doesn't mean I agree with it.  

I apologise if my original message suggested that I agree with Dominoes or
anyone  refusing to make their site accessible.  My message was meant to
convey that  I don't like it when lawyers see it as an easy way to make
money by proactively looking for disabled people to take out litigation.
Everyone pays for the "where there's a blame there's a claim" compensation
culture through higher prices of goods and services, especially insurance
premiums.  This is why Dominoes is fighting the case.  They're not doing it
to discriminate against blind people.

You and I know what is needed to make a website or app accessible because
we're very familiar with the WCAG2.1 Web Standards Guidelines, but how does
JoeBloggs.com know what to do?  Many organisations look at the WCAG2.1
guidelines and go WTF!  Should they be sued because of that?  The sub-text
of Dominoes challenge is a call for definitive and clear standards on
digital accessibility that can only be good for equal access.

Yes, large organisations like Dominoes, Disney and Target have no excuse for
not making their websites and apps accessible as they obviously have the
resources to put it right, but where do you draw the line?  In the UK, we
have the DDA and EqA 'Reasonable adjustment' argument.  Thing is, I don't
think the American's have the 'Reasonable Adjustment' in the law that is
being used against Dominoes.

So, in principal, I *understand* why Dominoes are challenging the
litigation.  However, for the record, I am pleased that the Supreme Court
will not hear the case because I disagree on practical grounds with Dominoes
challenge: It is, as you allude, detrimental to equal access to goods and
services.

Cheers

B



-----Original Message-----
From: Eleanor Martha Burke <eleanormarthaburke at gmail.com> 
Sent: Wednesday, October 9, 2019 1:54 PM
To: BCAB Discussion List <bcab at lists.bcab.org.uk>
Subject: Re: [BCAB] SUPREME COURT CASE

do you not think Barry that disabled people have the right to have equal
access? if we can't get it then we have to use the law. 

http://www.justgiving.com/Eleanor-Burke-Aniridia

> On 9 Oct 2019, at 12:34, Barry Hill <barry.hill3 at sky.com> wrote:
> 
> I'm glad that it was not heard by the Supreme Court, but I can 
> understand Dominoes stance.  There are lorry loads of ambulance-chaser 
> style lawyers popping up across America just to encourage disabled 
> people to sue companies who might be breaking the law out of ignorance 
> of what is specifically needed to make an app or website accessible.  
> They are calling for a standard that organisations can use.  Oh, and 
> it's not over yet.  Dominoes are still going to fight it in lower courts.
Still, I doubt they will win.
> 
> 
> -----Original Message-----
> From: Richard Godfrey-McKay via Bcab <bcab at lists.bcab.org.uk>
> Sent: Tuesday, October 8, 2019 12:24 PM
> To: Members <bcab at lists.bcab.org.uk>
> Cc: lists.godfrey-mckay at virginmedia.com; 'Cindy Godfrey-McKay'
> <cindy at godfrey-mckay.co.uk>
> Subject: [BCAB] SUPREME COURT CASE
> 
> 
> 
> HI,
> 
> Thought some might find this of interest and encouraging!
> 
> 
> 
> 
> 
> 
> 
> 
> Big Win for Digital Accessibility!
> 
> 
> 
> 
> 
> On October 7, 2019 the United States Supreme Court rejected Domino's 
> request that the court take up the issue of website and mobile 
> accessibility.  This is great news for all who care about digital 
> inclusion and the rights of disabled people to fully participate in the
digital world.
> 
> 
> <https://lflegal.us13.list-manage.com/track/click?u=c8f001aa20f9400bde
> 58e6bf d&id=9f6ad741e7&e=3715cff890> My post about the Supreme Court 
> announcement is here.
> 
> With gratitude to everyone working to make the digital world 
> accessible,
> 
> 
> p.s.
> <http://us13.forward-to-friend.com/forward?u=c8f001aa20f9400bde58e6bfd
> &id=67 02e1ed9d&e=3715cff890> Forward this email to a friend
> 
> 
> 
> 
> 
> 
> 
> 
> 
> Lainey Feingold
> Law Office of Lainey Feingold
> Author,
> <https://lflegal.us13.list-manage.com/track/click?u=c8f001aa20f9400bde
> 58e6bf d&id=9b442e1d42&e=3715cff890> Structured Negotiation | A 
> Winning Alternative to Lawsuits
> 
> <https://lflegal.us13.list-manage.com/track/click?u=c8f001aa20f9400bde
> 58e6bf d&id=d1948a3102&e=3715cff890> http://lflegal.com/
> 510.548.5062
> <mailto:LF at LFLegal.com> LF at LFLegal.com
> 
> <https://lflegal.us13.list-manage.com/track/click?u=c8f001aa20f9400bde
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> 
> 
> All the best,
> 
> Richard
> 
> Richard Godfrey-McKay
> 
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