On 2/13/06, Duckworth, Nigel <[EMAIL PROTECTED]> wrote:
> Stuart Sherwood wrote:
> > I believe there is no "right to access services".
> > Any such aberration of 'rights' that necessarily
> > violates the legitimate rights of others is
> > destructive to our liberty.
>
> I agree. There is no such thing as the "right" to force someone else to
> do anything. In a proper society rights exist precisely to prevent the
> initiation of physical force in social relationships.
>
> As this is more political philosophy than web standards, and a
> passionate topic for many, I'll post my thoughts later at
> nigelduckworth.com rather than here.

I never wanted this to turn into a political discussion but that's
where it's been taken. I thought there was no question about the legal
grounds of the whole case but since there have been then I hope I can
lay them to rest right here.

Legally courts can and will regulate companies. It's been happening
for years! We tell them the required minimum wage, the maximum working
hours, we regulate overtime, we tell them to put wheelchair ramps in
front of their doors, we zone their buildings, we make them get
permits, we do health inspections, etc. etc. etc. We have all these
laws in place to protect people. People are guaranteed freedom, not
companies.

No, the courts cannot force me to make my website accessible, but they
can force Target Inc. Co. TM (R) to make their website accessible,
just like they can force Target to do a lot of other things, because
Target is not a person. It is a seperate entity. It is subject to the
rule of the courts. And hopefully the courts are interpreting the laws
correctly and deciding what the people want, in applying it to their
decisions. I know it gets sketchy after that, but that is how things
are supposed to work.

We need to stop arguing with each other about the legal basis of this
case and just wait and see whether or not the courts will apply the
ADA to this website. It's that simple, and hopefully we can now get to
what we should be discussing here, that is, the technical reasons why
Target.com is not accessible and identifying other company websites
that are also making the same mistakes. That's all.

--
--
Christian Montoya
christianmontoya.com ... rdpdesign.com ... cssliquid.com
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