On Aug 14, 2008, at 12:44 PM, Steve Green wrote:
No, the DDA is not based on WCAG. The DDA is not a technical
standard, it is
a UK law. If a website is not accessible to someone, they can (in
theory)
bring a case against the website owner under the DDA regardless of
whether
the website meets WCAG A, AA, AAA or any other technical standard.
If the
court deem that the website owner did not take 'reasonable measures'
to
ensure that the website is accessible, they will lose the case.
'Reasonable measures' takes into account all relevant factors
including the
resources available. In the case of a small company with a website
with
complex content such as a GIS (geographic information system) the
court may
well deem that it would not be reasonable to expect the company to
bear the
cost of making it accessible (to the particular person who brought the
case). The site would therefore be DDA compliant (for that person)
despite
not even meeting WCAG A.
Note that only an individual can bring a case under the DDA because
it is
necessary to show that they have suffered discrimination. It is not
possible
to bring a class action, nor can a third party (such as a lobbying
group)
bring an action although they may support an individual in bringing
the
action. The findings of the court only apply to that individual so the
phrase 'DDA compliant' actually has no meaning except in its
application to
a single person.
Thanks Steve for the clarification.
OK, in the risk of showing more ignorant, I still have question. My
understanding on WCAG guidelines, are the fundamental principle of
DDA, Section 508 and similar law in other countries correct? When a
website is to be DDA or Section 508 compliant, for lack of better
guideline (or none) from the DDA law, we follow WCAG guidelines
because there aren't anything else we can base on. Is it not that UK
websites are to to be WCAG AA compliant so that it meets UK DDA
compliant? 'Reasonable measures' takes into account that is correct;
personally I feel that making an accessible site for all people
regardless of disability take one's common sense, sensibility and
compassion towards others who are at disadvantage doing certain
things that most people like us take it for granted, these are also
reasonable measures I think.
Since the DDA law has not drafted out a comprehensive guideline for
website maker/owner to follow but an unofficial WCAG we depend on, I
think 'reasonable measures' can also be favored by defendant with his
[EMAIL PROTECTED] lawyer :-)
Under British law, can individual who brings a case under the DDA and
the lawyer seek monetary compensation?
Couple months ago a handful of ADA lawsuits handled by a same lawyer.
http://www.sfgate.com/cgi-bin/article.cgi?f=/g/a/2008/06/13/carollloyd.DTL&hw=disability+lawsuit&sn=001&sc=1000
I followed the story because one of my clients was affected, she
closed her business as a result. After reading some background
stories, I am not sympathize to the plaintiffs. If a lawyer filed over
1500 cases like this, and fatten his wallet on every case, it's hard
to convince that he was fighting for a just and noble cause but a
tumour for ADA/DDA.
If lawyer and plaintiff can seek monetary compensation, I honestly
hope no ADA/DDA law ever applies to website.
tee
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