Browse Arkansas Code titles and sections
20-14-309. Website accessibility — Compliance.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-14-309. Website accessibility — Compliance.
(a)(1) Before filing a civil action or petition for injunctive relief based on a claim that an entity's website does not conform with applicable law, codes, guidelines, or standards regulating the functionality of an entity's website to accommodate a person with a disability as defined by the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., the aggrieved party shall notify the entity in writing of the aggrieved party's allegation that the website does not comply with applicable law, codes, guidelines, or standards regulating the functionality of an organization's website to accommodate persons with a disability as defined by the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., and the specific violations that the aggrieved party asserts.
(2) The specific violations alleged in the written notice under subdivision (a)(1) of this section shall include without limitation the alleged violation, alleged harm, and date of alleged harm.
(3) The notice shall be sent by certified mail with return receipt requested at least one hundred twenty (120) days before the filing of a petition for injunctive relief.
(4) The lack of the written notice under or compliance with this subsection may be used as a basis for dismissal by a court and may be used by a court as a mitigating factor in any remedy ordered by the court.
(b)(1) An entity that corrects the website that is allegedly in violation as described in the written notice under subsection (a) of this section within one hundred twenty (120) days of receipt of the written notice under subsection (a) of this section may use that fact as an affirmative defense to a civil action or petition for injunctive relief.
(2) The affirmative defense u
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-14-309
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:20-14-309
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 7d1c326bd8ce269f7eb8b35badd048397729179cf6279cc5d55af6f51fd488d6
Source location: content.xml paragraph 10252
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20-14-309. Website accessibility — Compliance.
(a)(1) Before filing a civil action or petition for injunctive relief based on a claim that an entity's website does not conform with applicable law, codes, guidelines, or standards regulating the functionality of an entity's website to accommodate a person with a disability as defined by the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., the aggrieved party shall notify the entity in writing of the aggrieved party's allegation that the website does not comply with applicable law, codes, guidelines, or standards regulating the functionality of an organization's website to accommodate persons with a disability as defined by the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., and the specific violations that the aggrieved party asserts.
(2) The specific violations alleged in the written notice under subdivision (a)(1) of this section shall include without limitation the alleged violation, alleged harm, and date of alleged harm.
(3) The notice shall be sent by certified mail with return receipt requested at least one hundred twenty (120) days before the filing of a petition for injunctive relief.
(4) The lack of the written notice under or compliance with this subsection may be used as a basis for dismissal by a court and may be used by a court as a mitigating factor in any remedy ordered by the court.
(b)(1) An entity that corrects the website that is allegedly in violation as described in the written notice under subsection (a) of this section within one hundred twenty (120) days of receipt of the written notice under subsection (a) of this section may use that fact as an affirmative defense to a civil action or petition for injunctive relief.
(2) The affirmative defense under subdivision (b)(1) of this section shall be proven by a preponderance of the evidence and may not be rebutted.
(3) A defendant in a civil action or petition for injunctive relief that prevails in that action due to the raising and successful proving of the affirmative defense under subdivision (b)(1) of this section shall be entitled to all reasonable costs of litigation, including attorney's fees.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Homosexuality and bisexuality** For purposes of the definition of “disability” in section 12102(2) 11 See References in Text note below. of this title, homosexuality and bisexuality are not impairments and as such are not disabilities under this chapter.
**(b) Certain conditions** Under this chapter, the term “disability” shall not include—
(1) transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders;
(2) compulsive gambling, kleptomania, or pyromania; or
(3) psychoactive substance use disorders resulting from current illegal use of drugs.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12101
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 12101. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 8237
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 12101
read as follows: ‘‘The plan shall accompany the Presi-
dent’s annual budget submission to the Congress.’’
Statutory Notes and Related Subsidiaries
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions
of law requiring submittal to Congress of any annual,
semiannual, or other regular periodic report listed in
House Document No. 103–7 (in which reports required
under subsecs. (a) and (b) of this section are listed as
the 20th item on page 84 and the 19th item on page 86),
see section 3003 of Pub. L. 104–66, as amended, set out
as a note under section 1113 of Title 31, Money and Fi-
nance.
§ 12007. No antitrust immunity or defenses
Nothing in this chapter shall be deemed to
convey to any person, partnership, corporation,
or other entity immunity from civil or criminal
liability under any antitrust law or to create de-
fenses to actions under any antitrust law. As
used in this section, ‘‘antitrust laws’’ means
those Acts set forth in section 12 of title 15.
(Pub. L. 101–218, § 10, Dec. 11, 1989, 103 Stat. 1869.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 101–218, Dec. 11, 1989, 103
Stat. 1859, known as the Renewable Energy and Energy
Efficiency Technology Competitiveness Act of 1989,
which is classified principally to this chapter. For com-
plete classification of this Act to the Code, see Short
Title note set out under section 12001 of this title and
Tables.
CHAPTER 126—EQUAL OPPORTUNITY FOR
INDIVIDUALS WITH DISABILITIES
Sec.
12101.
Findings and purpose.
12102.
Definition of disability.
12103.
Additional definitions.
SUBCHAPTER I—EMPLOYMENT
12111.
Definitions.
12112.
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 12101
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 12101. This identifies an authority to review, not proof of applicability.