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psychological and psychiatric disorder history and access to a web site

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ross mcgowen

Junior Member
What is the name of your state (only U.S. law)? California resident, new york website
This website has a disclaimer stating that individuals with any history of psychiatric or psychological disorders must not access the materials in the site. Is this legal? The website just provides educational materials and scientific theories, but I'm fairly certain that they receive no public funding to do so.

just researched the right to refuse service: as far as i can tell they have no real or scientifically proven safety reason as to why they should limit access to information/education to those specifically with mental disorders. they are basically assuming that everyone with a history of mental disorder, will watch their videos and suffer worse symptoms. this doesn't feel legal.
 
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stealth2

Under the Radar Member
What is the name of your state (only U.S. law)? California resident, new york website
This website has a disclaimer stating that individuals with any history of psychiatric or psychological disorders must not access the materials in the site. Is this legal? The website just provides educational materials and scientific theories, but I'm fairly certain that they receive no public funding to do so.

just researched the right to refuse service: as far as i can tell they have no real or scientifically proven safety reason as to why they should limit access to information/education to those specifically with mental disorders. they are basically assuming that everyone with a history of mental disorder, will watch their videos and suffer worse symptoms. this doesn't feel legal.
(a) it's legal.

(b) How would they know that you have any history of psychiatric or psychological disorders?
 

FlyingRon

Senior Member
Yep, web sites aren't public accomodations. ADA doesn't apply.

I agree with stealth, how are they going to know if you fit into this category?
 

quincy

Senior Member
What is the name of your state (only U.S. law)? California resident, new york website
This website has a disclaimer stating that individuals with any history of psychiatric or psychological disorders must not access the materials in the site. Is this legal? The website just provides educational materials and scientific theories, but I'm fairly certain that they receive no public funding to do so.

just researched the right to refuse service: as far as i can tell they have no real or scientifically proven safety reason as to why they should limit access to information/education to those specifically with mental disorders. they are basically assuming that everyone with a history of mental disorder, will watch their videos and suffer worse symptoms. this doesn't feel legal.
Website disclaimers are designed to limit or control the amount of liability the site may have in the event of a lawsuit filed over its content. Disclaimers cannot prevent a lawsuit but can work to mitigate (lessen) damages that might otherwise be awarded.

The website's intention with their disclaimer, in other words, appears to be to advise those with psychiatric or psychological disorders who visit the site that what is published should not be relied on as medical advice and should be used for educational purposes only.

There is nothing illegal about having such a disclaimer. It cannot prevent those with psychiatric or psychological disorders from reading the content on the site.
 

TheGeekess

Keeper of the Kraken
Yep, web sites aren't public accomodations. ADA doesn't apply.

I agree with stealth, how are they going to know if you fit into this category?
Federal websites have to be compliant with Section 508, which provides for access and accommodations. :cool:
http://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-section-508-standards
 

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