The ADA is overall a good law, and this isn't about access because that is important. It is about the hit and run lawsuits that are a current problem. Stop trying to deamonize people who have legitimate concerns because of recent events.
And Hansmeier's career is over now. Pointing to a known bad actor as an attempt to completely invalidate something even you admit is "overall good" is dishonest and disingenuous -- what remedy, other than civil suit, would you want to propose for these cases?
Also, notice how in the Winn-Dixie website suit the plaintiff didn't ask for damages: he just wanted the site to be accessible. The amount of viciousness being deployed in the thread toward someone whose only goal was for something to work is unbelievable, and I think if you look into it you'll find that on the whole, ADA complaints are someone's last resort after trying to amicably resolve a problem through other channels.
> Pointing to a known bad actor as an attempt to completely invalidate something even you admit is "overall good" is dishonest and disingenuous
No, its pointing out the law still has problems and has been used as a money making scheme. It, like code, has bugs that need to be remedied. Arguing the code does it job expect for some bad actors is just as problematic when talking about laws. I am also troubled by the picking of something not voted on being given the force of law (WCAG 2.0 Level AA).
I'm actually really sick of people using phrases like "completely invalidate" when that is not what I wrote. Hyperbole and beating people over the head who disagree with you is not a constructive way to proceed.
I cannot understand how people who code cannot get that the law needs tweaks and fixes just like code. I would prefer a formal notice to a law suit. We are about to unleash a whole new category of violation and even a suit that asks for no damages is going to be expensive.
Oh yes, in this case they didn't ask for damages, but that won't be the case next time when more bad actors appear.
It's always going to end up in a lawsuit. To a company that's running an actively user-hostile web presence, no amount of non-lawsuit complaints will get them to change, which means it's going to end up in court no matter what.
This is how the infamous McDonald's coffee lawsuit got started, for example; the plaintiff (who, for those unfamiliar with the story, had suffered second and third degree burns from the spilled coffee -- not exactly a case of "duh, it's hot" and more a case of "demonstrably not fit for human consumption") originally just wrote to them to complain. And they were, predictably, assholes to her, which led to research into how many people had suffered severe burns, which in turn led to the lawsuit.
So either you want to make a change that won't change anything (require some number of "notices" or non-lawsuit "complaints" before going to court), or you want to make a change that will literally undo the ADA (disallow going to court, period). Since neither of those is viable, the right of everyone to have equal access to businesses which are open to the public -- and to have that enforced by courts -- is going to outweigh your fevered nightmares of a lawsuit apocalypse.
> is going to outweigh your fevered nightmares of a lawsuit apocalypse.
Once again with the hyperbole.
> .. McDonald's ..
I don't see any equivalence to what I am talking about to that case. Writing them is not mentioned in any current law as a procedural way to remedy the situation. Its a nice courtesy that was ignored.
> It's always going to end up in a lawsuit. To a company that's running an actively user-hostile web presence, no amount of non-lawsuit complaints will get them to change, which means it's going to end up in court no matter what.
No, its not always going to end up in a lawsuit. A regulatory notice is a fair first start with a defined period for response and fix. Love it or hate it, the DMCA notice is not a bad starting point that saves quite a bit of court time. Dealing with a notice from a government agency (e.g. health inspector) is not something that can be ignored.
http://m.startribune.com/flurry-of-disability-lawsuits-leave...