"

However, we are unable to reach the merits of the plaintiffs' claim because,

simply put, they have presented this Court with a case that is wholly
different from

the one they brought to the district court. As we see it, the plaintiffs
have

abandoned the claim and argument they made before the district court, and in
its

place raised an entirely new theory on appeal -- one never presented to or

considered by the trial court."

It was thrown out on procedural grounds, not on the basis of the actual
accessibility issues.

Sandy Clark
http://www.shayna.com <http://www.shayna.com/>
CF Pretty Accessible at http://www.shayna.com/blog
Now offering 4 days Hands on CSS training October 11-14th. Rockville, MD.
For more information go to:
http://www.teratech.com/training/oc_classes.cfm#css

  _____  

From: Erika L. Walker-Arnold [mailto:[EMAIL PROTECTED]
Sent: Monday, September 27, 2004 3:56 PM
To: CF-Community
Subject: Disabilities Act doesn't cover Web, court says

http://makeashorterlink.com/?P2CB45369

Cheers,
Erika
  _____
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