[nfb-talk] CA Target case gets class action status!
James Aldrich
jkaldrich at qwest.net
Sat Oct 6 19:48:22 CDT 2007
Hi Mike and list,
I too have made a number of purchases from Target in the past three months
and I've been able to complete my purchases. I think this is the case of a
judiciary which didn't act fast enough! I certainly hope this case will be
an example and others will follow by putting accessibility on their sites.
Jim Aldrich
----- Original Message -----
From: "Mike Freeman" <k7uij at panix.com>
To: "NFB Talk Mailing List" <nfb-talk at nfbnet.org>
Sent: Friday, October 05, 2007 11:11 PM
Subject: Re: [nfb-talk] CA Target case gets class action status!
Were you able to actually complete a purchase? If so, you should tell
Jim McCarthy.
Mike
----- Original Message -----
From: Buddy Brannan
To: NFB Talk Mailing List
Sent: Friday, October 05, 2007 5:14 AM
Subject: Re: [nfb-talk] CA Target case gets class action status!
Except that the site *is* accessible now. I was just shopping on it a
month o six week ago with no difficulty.
On Oct 5, 2007, at 7:45 AM, Chris Westbrook wrote:
> Just curious why there isn't a response from hte federation to
> Target's
> claim that there site is now accessible and NFB says so. We can't
let
> something like that stand. That just makes us look stupid.
> ----- Original Message -----
> From: "David Andrews" <dandrews at visi.com>
> To: <blindtlk at nfbnet.org>; <nfb-talk at nfbnet.org>; <nfb-
> announce at nfbnet.org>;
> <nfb-web at nfbnet.org>; <blindlaw at nfbnet.org>; <nabs-l at nfbnet.org>;
> <nfbcs at nfbnet.org>; <gui-talk at nfbnet.org>
> Sent: Thursday, October 04, 2007 11:56 PM
> Subject: [nfb-talk] CA Target case gets class action status!
>
>
>>
>>>>
>>>> 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
>>>>
>>
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>
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