Appeals court rules `Millionaire' qualifying covered by Americans With Disabilities Act

MIAMI, FLORIDA - A federal appeals court has reinstated a lawsuit claiming ABC discriminates against disabled people who want to become contestants on ``Who Wants to Be a Millionaire.&#39;&#39; <br> <br> ``We don&#39;t want to alter or make changes in the show, but we want to make it fair,&#39;&#39; Michael Lanham, attorney for people suing the network and the show&#39;s producers, said Wednesday. ``All we want is for reasonable accommodations to be made.&#39;&#39; <br> <br> A lower court judge concluded in 2000 that the Americans With Disabilities Act isn&#39;t broad enough to cover the show&#39;s telephone qualifying process. <br> <br> But the 11th U.S. Circuit Court of Appeals in Atlanta decided Tuesday that the lawsuit contained a valid claim that the show&#39;s touch-tone system violates the ADA. They likened the phone system to other ``places of public accommodation&#39;&#39; covered under the law. <br> <br> ``This decided a narrow legal issue. We are confident that in the end the litigation will show that our practices comply fully with all applicable laws,&#39;&#39; said ABC spokeswoman Julie Hoover. <br> <br> Miami&#39;s Center for Independent Living sued over the show&#39;s telephone system, which excludes hearing-impaired people and those who can&#39;t operate touch-tone phones. <br> <br> Disability rights advocates say the network should use live operators or a different system for hearing-impaired callers. The show does not use voice-recognition software. <br> <br> Under the ADA, people can sue for better access and legal fees but no money for compensation or damages. <br> <br> A three-judge panel of the appeals court sent the case back to U.S. District Judge Federico Moreno in Miami for additional review. <br> <br> The show&#39;s Web site says 100,000 people call the show every day the phone lines are open. Four percent clear the initial qualifying round by correctly answering five questions on a phone system requiring touch-tone responses. The show also selects contestants with auditions featuring a written test offered in various cities.

http://accesswdun.com/article/2002/6/202108