[blindlaw] Court rules Target must make website accessibletotheblind

[Rumpole]

I would have to agree, the 9th is known for being like that. But a start is
a start - lets hope that it goes forward to a good conclusion for all
disabled shoppers.
In my time as a technology consultant I did notice a trend of note and
relevance here though.
The blind and visually impaired  computer users who are what you may
describe as "high end users" tend to be those who can use the accessibility
aspects of a web site, even if they are pretty much minimal to most
"average" users. If you will forgive the labeling there.
So, yes, I have no trouble understanding that a good defense council can
find some blind and visually impaired computer users to demonstrated that
they can, in fact use the site. Hence it is accessible to the finder of
fact.
Thus I would prepare for this pre-trial with a percentage  agrument as a
small part of it all. I have little doubt that something like this has been
done in some way and I would like to know how well it will work out in the
end.
I recall quite clearly one individual a few years back pointing out to me
that not everyone is a "power user" and well versed in using their
particular screen reader as those who have been lucky enough to have access
to things as I have. Her point was that there are those who are just average
and find that many many web sites need to be "clubbed into submission" by
them. Her assertion being that the average users far outnumber the power
users.
This is a point that can certainly be made in this case and again, it
probably is being made.
  So - I would put the following question to those on this list: "If a web
site is usable by high-end computer users, is it "accessible under the
theory put forth by defense council, or is it "accessible if "average" users
can access it?"
Being a former techy, I argue the latter and assert that the former can
always be demonstrated by those who live and breath little more than
computers daily. Those of us who are average lack the expertise to take
advantage of the site's accessibility.
Do only the "high end users" of non-adaptive equipped computers regularly
use the site or is the site aimed at the average user?
Yes, my question suggests the desired answer. But then again, I'm not in
court right now. Just stating my view on a legal issue.
What do others think?

----- Original Message ----- 
From: "Kathleen Hagen" <khagen12 at earthlink.net>
To: "NFBnet Blind Law Mailing List" <blindlaw at nfbnet.org>
Sent: Friday, September 08, 2006 8:00 AM
Subject: Re: [blindlaw] Court rules Target must make website
accessibletotheblind


> And these appeals are likely to start with Target, although the 9th
circuit
> is still fairly liberal.
> Kathy
> ----- Original Message ----- 
> From: "Rumpole" <Rumpole at gwi.net>
> To: "NFBnet Blind Law Mailing List" <blindlaw at nfbnet.org>
> Sent: Friday, September 08, 2006 4:12 AM
> Subject: Re: [blindlaw] Court rules Target must make website accessible
> totheblind
>
>
> > Well done, and well put Mazen. Good quotation from the article:
> >    Explaining the ramification of the ruling, Mazen M. Basrawi, Equal
> > Justice Works Fellow at Disability Rights Advocates, noted that: "the
> > court
> > clarified that the law requires that any place of public accommodation
is
> > required to ensure that it does not discriminate when it uses the
internet
> > as a means to enhance the services it offers at a physical location."
> >
> > I think that the effect of the ruling is exactly why this will be fought
> > hard by other retailers across the country - appeals will abound on this
> > topic?
> >
> > Speaking strictly for myself, online shopping sure would make my life
> > easier
> > as the Christmas shopping season approaches.
> > I'm going to pull this case up and read it through - I'd really like to
> > know
> > more about it.
> >
> > Ross A. Doerr Esquire
> >
> > Today's definition is drawn from "The Devil's Dictionary" by: Ambrose
> > Bierce.
> >
> > "Cynic: N. A blaggard who insists on seeing things as they really are
> > instead of how they ought to be. Hence the custom among the ancient
> > Cythians
> > of plucking out the eyes of a Cynic to improve his vision."
> >
> >
> > _______________________________________________
> > blindlaw mailing list
> > blindlaw at nfbnet.org
> > http://www.nfbnet.org/mailman/listinfo/blindlaw
> >
>
>
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