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Acceptable Use Policy

• Federal Accessibility Law: Rehabilitation Act Amendments of 1998, Section 508
• Federal Access Board Web & Technology Access Decision, Final Rules, 36 CFR Part 1194, (December 21, 2000), effective February 20, 2001.
• Section 508 Rules - 37 CFR Part 1194 (12/21/00)
• Federal 508 Web Site - http://www.section508.gov/
• Federal Accessibility "Guide Book:" This link gives you the Federal manual on how to build accessible U.S. government web pages -- what is permitted, how to build your pages, and what is prohibited.
• Maryland Department of Information Technology. (2008). Maryland has adopted the federal 508 complianc rules for agencies, including the University of Maryland system and community colleges within the University of Maryland system.  See Nonvisual Access Guidance: Regulation .05 Web-based intranet and internet information and applications, found at http://doit.maryland.gov/policies/Pages/NVAReg05.aspx. 

  "Much of the information contained in the guidance for implementing Maryland Information Technology Nonvisual Access (MD IT NVA) Regulatory Standards was adopted from federal guidelines for implementing 36 CFR 1194 (Section 508 of the Rehabilitation Act (29 U.S.C. 794d), as amended by the Workforce Investment Act of 1998 (P.L. 105-220) (August 7, 1998). The authors of the federal guidelines are owed a debt of gratitude for their thoroughness and consistency. Click here to go to the federal guidelines web site."  See http://doit.maryland.gov/policies/Pages/NVAGuidance.asp

• Maryland Senate Bill 360.  Higher Education Institutions - Blind Individuals - Access to Technology.  Synopsis:   "Requiring governing boards of public institutions of higher education to develop, by a specified date, a specified clause relating to non visual access for use in the procurement of specified technology; requiring a specified clause adopted by the governing bodies of specified institutions to be consistent with specified standards developed by the Department of Budget and Management; defining specified terms; etc."
  • Bill History - Signed by Governor, Ch. 304, May 10, 2005.
  • By January 1, 2007, the Board of Community College Trustees for Each Community College shall develop a non visual access clause for use in the procurement of computer-based instructional technology."  Amendment of March 25, 2005
• Montgomery College Accessibility Standards
• Montgomery College Proposed Accessibility Standards - 3/06 http://www.montgomerycollege.edu/test/janet/RevWebStandards0220/index.html
• 508 Standards Listed on Montgomery College Web Site - Disability Support Services.
• MC Disability Support Services 508 Accessibility Resource Page
• W3C Web Accessibility Initiative Home Page

Other Relevant Legal Documents

U.S. Bill of Rights: First Amendment to the U.S. Constitution:

Article I:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Reno v. ACLU, 521 U.S. 844 (1977). The Internet is like an electronic soapbox in a park, permitting each person to become a "town crier" or "pamphleteer" published worldwide. The Internet is entitled to the highest level of First Amendment protection, and is not subject to restrictive content regulations like "scarce" broadcast television and radio stations:

"Finally, unlike the conditions that prevailed when Congress first authorized regulation of the broadcast spectrum, the Internet can hardly be considered a "scarce" expressive commodity. It provides relatively unlimited, low cost capacity for communication of all kinds. The Government estimates that "[a]s many as 40 million people use the Internet today, and that figure is expected to grow to 200 million by 1999." [n.34] This dynamic, multifaceted category of communication includes not only traditional print and news services, but also audio, video, and still images, as well as interactive, real time dialogue. Through the use of chat rooms, any person with a phone line can become a town crier with a voice that resonates farther than it could from any soapbox. Through the use of Web pages, mail exploders, and newsgroups, the same individual can become a pamphleteer. As the District Court found, "the content on the Internet is as diverse as human thought." 929 F. Supp., at 842 (finding 74). We agree with its conclusion that our cases provide no basis for qualifying the level of First Amendment scrutiny that should be applied to this medium. "

Access Now, Inc. v. Southwest Airlines, Co., 227 F. Supp 2nd 1312 (SD Fla. 2002)Order Granting Defendant's Motion to Dismiss, (U.S. District Court, Southern District of Florida)(Case No. 02-21734-CIV-SEITZ/BANDSTRA (October 18, 2002), PDF version, appeal denied, Access Now v. Southwest Airlines, U.S. Court of Appeals for the Eleventh Circuit, Case No. 02-16163, (2004) , PDF version of appeal decision.  Challenge to Southwest Airline's reservation web site as a "place of public accommodation under the Americans With Disabilities Act.  The District Court held that the Federal Americans With Disabilities Act does not cover Internet web sites:

"[T]o fall within the scope of the ADA as presently drafted, a public accommodation must be a physical, concrete structure.  To expand the ADA to cover virtual spaces would be to create new rights without well-defined standards. "

On appeal, the Eleventh Circuit found that the appeal raised novel and important questions, but they were not properly presented in the district court and could not be heard on appeal.  However, the court noted that "the legal questions raised are significant:"

The Internet is transforming our economy and culture, and the question whether it is covered by the ADA -- one of the landmark civil rights laws in this country -- is of substantial public importance.  Title III's applicability to web sites -- either because web sites are themselves places of public accommodation or because they have a sufficient nexus to such physical places of public accommodation -- is a matter of first impression before this court.  Unfortunately, this case does not provide the proper vehicle for answering these questions.

National Federation of the Blind v Target Corporation, Memorandum and Order on motion to dismiss, U.S. District Court, Northern District of California, San Francisco Division, Case No. C 06-01802 MHP (September 5, 2006). 

The District Court ruled that the NFB had stated a claim which could be adjudicated in the courts.  The Court found that the A.D.A. required companies to provide "equal access to services" on its web site, and that, unlike the Southwest Airlines ruling, web sites were "public facilities" under the meaning of the A.D.A. First Amendment issues were not addressed in the decision on the Motion to Dismiss.  For a copy of the District Court ruling on the motion to dismiss, see National Federation of the Blind, et. al. v. Target Corporation, No C 06 01802 MHP, (U.S. District Court, N.D. California) Memorandum and Order, Sept. 5, 2006     http://writ.news.findlaw.com/ramasastry/nfbvtarget90606ord.pdf. 

See also in the NFB v. Target case, Amended Complaint for Injunctive and Declaratory Relief, filed March 30, 2006, PDF file of amended complaint.  Target web site claimed to be inaccessible to the blind, in violation of civil rights under Title III of Americans With Disabilities Act (A.D.A.) and California Civil Code.  Arguments and legal theories are similar to those made in the Southwest Airlines litigation.