[blindlaw] CA Target case gets class action status!

[David Andrews]

>>
>> SOURCE: Wall Street Journal
>>
>>
>>
>>
>>
>>
>> Suit Against Target Over Access By Blind Gets Class-Action
>Status
>>
>>
>> By KEVIN KINGSBURY
>> October 3, 2007 1:08 p.m.
>>
>> A federal judge granted class-action status to a lawsuit alleging
>that
>> Target
><http://online.wsj.com/quotes/main.html?type=djn&symbol=tgt> 
>Corp.
>> is breaking California and federal law by making its Web site
>essentially
>> unusable for the blind.
>>
>> The plaintiffs have said there is technology that has been
>adopted by
>other
>> firms to make Web sites usable for the blind, but Target hasn't
>done so.
>> Reading software can vocalize invisible code embedded beneath
>computer
>> graphics and describe content on a Web page.
>>
>> Granting class-action status allows blind people throughout the
>country
>who
>> have tried to access Target.com to become plaintiffs in the suit,
>which
>> alleges violations with the Americans with Disabilities Act.
>>
>> Judge Marilyn Hall Patel also approved a separate class made up
>of
>> California blind residents who have tried to access Target.com to
>address
>> the suit's charges that Target is violating state civil- and
>disabled-rights
>> laws. The suit contends some 10,000 people in California alone
>use reading
>> software to access the Internet.
>>
>> "This is a tremendous step forward for blind people throughout
>the country
>> who for too long have been denied equal access to the Internet
>economy,
>said
>> Dr. Marc Maurer, president of the National Federation of the
>Blind. "All
>> e-commerce businesses should take note of this decision and
>immediately
>take
>> steps to open their doors to the blind."
>>
>> Judge Patel noted in her ruling, dated Friday, that Target has
>made some
>> modifications to its Web site since the suit's filing in early
>2006 to
>make
>> the site more blind-accessible. With those changes, Target
>claimed the
>suit
>> is now moot. Judge Patel ruled against that argument.
>>
>> In a statement, Target said, "We believe that our Web site is
>fully
>> accessible and complies with all applicable laws. As our online
>business
>has
>> evolved, we have made significant enhancements to improve the
>experience
>of
>> our guests who use assistive technologies." The company also
>noted a
>> federation email "confirms the usability of our Web site."
>>
>> The retailer will appeal the class-action certification and said,
>"We will
>> continue to implement new technologies the enhance the usability
>of our
>Web
>> site for all our guests."
>>
>> The federation filed the suit, originally made in California
>state court
>in
>> February 2006 and moved at Target's request to San Francisco
>federal court
>> the following month, on behalf of northern California resident
>Bruce
>Sexton,
>> a group member. The suit alleged that "due to Target's failure
>and refusal
>> to remove access barriers to Target.com, blind individuals have
>been and
>are
>> being denied equal access to Target stores" and the "service and
>benefits
>> offered to the public through Target.com."
>>
>> Judge Patel ruled that Mr. Sexton hasn't demonstrated he himself
>has been
>> harmed by Target, but that some potential class members could
>likely may
>the
>> same allegations as Mr. Sexton. As a result, a new class
>representative
>must
>> be found.
>>
>> Write to Kevin Kingsbury at kevin.kingsbury at dowjones.com 
>>