Read Attorney Charged With Filing Fraudulent Lawsuits Under The Americans With Disabilities Act by Department of Justice

Geoffrey S. Berman, the United States Attorney for the Southern District of New York announced the arrest today of STUART FINKELSTEIN on charges of mail fraud, aggravated identity theft, false declarations to a court, and obstruction of justice.  Specifically, FINKELSTEIN has been charged with stealing the identities of two individuals in order to file hundreds of fraudulent lawsuits pursuant to the Americans with Disabilities Act (“ADA”) that those individuals never authorized.  In addition, FINKELSTEIN has been charged with making false declarations and obstructing justice in proceedings in the United States District Court for the Southern District of New York.

This adds an entirely new dimention to the whole ADA trolling thing, and for those in the blind community who advocated for HR 620 that bill would not have addressed this because there are already laws which do, as illustrated by this case.

And for the sake of all of us in the accessibility and disability rights spaces, if the evidence against Finkelstein supports a guilty verdict he definitely needs to be made an example of because attorneys like him are giving all of us a bad name.

Read WordPress should deprecate themes — a modest proposal by Mike Schinkel

Personally, I have never found a theme that is 100% useable without some significant HTML+CSS customization and/or PHP/MySQL/Javascript customization. And even the best themes use approaches that result in sites that require a huge amount of time to maintain the content because the themer made easy coding choices rather than build functionality to allow managing content with less effort. Examples include using categories to group content where a custom taxonomy would be better, and a custom post would be best.

WordPress themes as they currently stand should absolutely be done away with, even though the concept of separating presentation from content is an excellent foundation.

Sepearating content from presentation might have been the original purpose of themes, but that definitely hasn’t proved to be the case in practice.

Put more succinctly, the law of unintended consequences strikes again.

As a general rule, I find that themes, (and I’m not including every theme developer or designer here, just lots of them), promise way more than they can ever deliver.

I can’t count the number of sites I’ve worked on over the years in which management of expectations with regard to what a client can do with a theme and what they can’t has played a significant role.

Add to this the complexities of customizing a theme so that it becomes accessible, (something required especially when there’s a lawsuit or demand letter or even just a desire to make the site accessible involved), and you have a recipe for more headache for the developer and the client than there should be.

There’s a reason I won’t touch anything from Theme Forest, which is admittedly the most extreme case but far from the only concentration of trashfire from a code standpoint that’s out there.

And I don’t see any of this changing until one of the least-modernized parts of WordPress, (the theme infrastructure) is gone.

If Gutenberg helps us get there, I’m all for it, even though I still think Matt should spend about three days without his mouse and monitor stuck with a screen reader and Gutenberg.

Read A note by John Carson on , , Gutenberg and the TwentyTwenty theme by John CarsonJohn Carson

Being a screen reader user, I find it very disturbing that more attention has not been given to accessibility . Just a thought; it would have been much easier and simpler to design and develop for accessibility before starting to code this project. It will be much more difficult to implement accessibility after the fact. Who made the decision to move forward with a project this large without accessibility from the ground up? In my opinion this is the most ridiculously moronic decision I’ve ever encountered!

I met John when I started working for Freedom Scientific.

He had already been with the company a long time, (ever since the days when it was Henter-Joyce and when Jaws 3.0 was new).

He taught me everything I know about screen reader internals, has likely forgotten more about screen readers and assistive technology in general than I’ve ever learned, and did a ton of the scripting work that still makes Jaws for Windows work with websites.

He retired in 2017, and started working with WordPress in 2019. So he can’t be targeted with the “just afraid of change” argument.

I’ve watched him test the TwentyTwenty theme with three different browser/screen reader combos, read through every line of the CSS, and I’ll watch him read through every line of the functions file and other associated templates.

And he was developing with Javascript before there were frameworks.

I’m not saying any of this because we’re friends or otherwise, I’m saying this because he’s earned the right to be listened to.

And yes, his post is pretty damning because this stuff should not still be happening on a project whose leardership continues to claim that WordPress is for everyone despite specifically refusing to put policies in place (accessibility) which are part and parcel of every successful accessibility effort.

Matt, I get it. Gutenberg has been a goal of yours since at least the final WordCamp San Francisco. I get that you and the rest of the Gutenberg team have worked very hard on it, and that you really are trying to move the web forward.

I also get that you’re probably tired of every accessibility advocate, in and outside this community, giving you crap about this stuff. Hearing that you’re not doing a good job, however politely, is not pleasant. It’s not even pleasant when it’s polite, especially in the Gutenberg case, because everybody’s essentially calling your baby ugly.

I can’t speak for anyone else who’s advocated for accessibility in this space, because I’m not them.

Speaking for myself though, I’d genuinely like to quit criticizing you over this, and I’m saying that as someone who has been and will continue to be one of your harshest critics for as long as it takes. No, I’m not forking WordPress and I’m not walking away.

Seriously, quit being so bullish about this. I have no idea why you are as opposed as you are to even the prospect of an enforcible, project-wide accessibility policy, and enforcing same, but setting policy goals regarding accessibility for a project this size, (or really any project), is required for any accessibility changes to be lasting and successful.

An accessibility policy is how you ensure that you don’t keep repeating the same mistakes.

Technical accessibility is the beginning, not the end of accessibility efforts. And if you really want to move the web forward while safeguarding its openness and independence, please do not carry on one of the worst aspects of the free software movement, the one that leaves whether or not people with disabilities are included as part of the “everyone” you champion up to developer and designer and founder choice.

We’re still fighting discrimination in the workplace, and we’re still fighting for equal access when it comes to the technology we use to do our jobs. But the beauty of WordPress and its community is that we can create opportunities for ourselves.“People of WordPress: Amanda Rush” published at WordPress.org

In order for everyone, including people with disabilities, to be able to create opportunities for ourselves, WordPress the project has to make accessibility a priority. The way that happens is through leadership making accessibility a project-wide goal instead of just something individuals work for and fight for.

Last time this became an issue, Web Accessibility Deathmatch happened. If we’re going to keep it positive, and prevent that from happening again, then things have to change and that change has to be led from the top down, since this is a project with a benevolent dictator.

Matt, please rethink your public stance regarding a project-wide accessibility policy.

Read Indieweb Thoughts Post State of the Word by David ShanskeDavid Shanske

It has been a while since I wrote out some thoughts on where the Indieweb is on WordPress. Sitting here, after hearing Matt Mullenweg gave the State of the Word at WordCamp US, and after I assisting Tantek Çelik in his talk on Taking Back the Web, which was one of the contributing factors to my being at WordCamp US.

Read Coming in WordPress 5.3: What is the PHP Spread Operator? by Justin Tadlock

On October 9, Juliette Reinders Folmer announced on the core WordPress blog that WordPress 5.3 will use the spread operator. The spread operator was one of the new features made available in PHP 5.6, a version released in 2014.
WordPress abandoned PHP 5.2 – 5.5 with the release of WordPress 5.2. This means the core team can start taking advantage of relatively new features, or at least 5-year-old features. For plugin and theme developers who maintain the same minimum version support as WordPress, they can also start exploring this feature.

Read Long-Needed Date/Time Improvements Land in Core by Justin Tadlock

After more than a year and several WordPress updates, an overhaul of the core Date/Time component concluded. WordPress 5.3 will ship with fixes for long-standing bugs and new API functions.

Not all heroes wear capes.

The core Date/Time component is a rabbit hole which is not for the faint of heart, and I’m glad to see these changes coming to WordPress 5.3.