Target.com May Be Deemed “Not Accessible.” Ramifications?
September 13th, 2006
Judge: ADA lawsuit against Target can proceed
In February, a blind University of California-Berkeley student sued Target over the discount retailer’s web site. Bruce Sexton Jr., president of the California Association of Blind Students, alleges that Target’s web site violates the Americans with Disabilities Act by not making the site fully navigable by the visually impaired. His lawsuit was filed in conjunction with the National Federation of the Blind and seeks class-action status.
Late last week, a judge ruled that the lawsuit could go forward. In the case of the National Federation of the Blind v. Target, Judge Marilyn Hall Patel ruled that retailers can be sued if their websites are not accessible to the blind. In her opinion for the US District Court for the Northern District of California, Patel wrote that “the ‘ordinary meaning’ of the ADA’s prohibition against discrimination in the enjoyment of goods, services, facilities or privileges, is that whatever goods or services the place provides, it cannot discriminate on the basis of disability in providing enjoyment of those goods and services.”
I’m really surprised there hasn’t been more buzz about this. If the court rules against Target, every web site could be subject to the ADA. The question then becomes, “What is the definition of accessible?” I’m going to bet it’s more than just 508a compliance.
September 13th, 2006 at 3:41 pm
I can understand why government sites should be accessible to the blind and otherwise handicapped, but where does this end? Should we now be concerned that Spanish speakers are discriminated against because a site is written in English? Can a mac user sue if a site only works in IE? Point is, the marketplace eventually reacts to real needs and practically speaking, cannot adjust to every nuance among its visitor/customer base - however unsympathetic that may sound.
September 13th, 2006 at 6:09 pm
And what are the last three words at the bottom of every Target.com page?
“Powered by Amazon.com”
Shh. Don’t tell the lawyers….
September 13th, 2006 at 8:42 pm
Derek Taylor writes:
The language issue is a difficult one - however - the Spanish speaking individual would have difficulty with all English based sites, not just one specific one based on the way it was coded.
The Mac user is much clearer - people make a choice choice to use a Mac. People do not make a choice to be blind.
So, no - I can’t think of any reason a Mac user would have any right to sue (though you never know, right?
). Someone that is blind though certainly has more legal grounds to prosecute to the fullest extent they are capable.
September 14th, 2006 at 12:04 pm
I too do not understand why there is not more noise about this… The implications here are tremendous!!!!
And could be an impetus for another paradigm shift regarding the web.
September 14th, 2006 at 3:37 pm
What’s tough is that each of those venues supports people with different dissabilities well.
While a store may be better suited to those who are blind (where they can try on for fit and comfort), the website is more helpful for the deaf (who can communicate via email or chat with customer service) and the wheelchair-bound (who can navigate their options faster and more easily).
It’s really the proliferation of options (channels) that’s going to make the customer experience better for the full range of the disabled population.
But that’s a subtlety the law will have problems coping with. Ah well.
October 5th, 2007 at 2:23 am
I love to shop at Target. I bought a dress from it through CouponAlbum site (http://www.couponalbum.com) and got $20 saving with coupon.
February 21st, 2008 at 5:31 pm
In my opinion, Target, like many other giant retailers, charge different prices in store vs. internet… that to me makes not making the site accessible to the disabled a discrimination automatically. Plus, a whole host of other issues I won’t get into. This is certainly a topic to be discussed as exactly what a company must do to the website to make it accessible? What types of technology are out there for people who are both blind and deaf? Having built a website I can tell you how crazy it can get to try and make your website accessible to everyone. I think there needs to be more discussion about exactly what accessible means. Does it mean that it is easy for them to listen to or does it mean that simply they can listen to the site and access an order form and/or call for an order?