Intellectual Property Law

In a potentially ground-breaking case regarding the obligations of on-line businesses to make their sites accessible to persons with disabilities, the National Federation of the Blind filed a class action in state court in Alameda County, California, against Target Corporation on February 7, 2006. The suit, National Federation of the Blind v. Target Corporation, Alameda Superior Court Case No. RC06254127, alleges that the website contains significant access barriers to screen-reading software used by the blind to vocalize visual information on a computer screen in violation of California's Unruh Civil Rights Act and Disabled Persons Act.

The purported barriers include the absence of compliant alt-text embedded beneath graphic images that is used by the screen-reading software. The complaint also alleges that the site contains image maps which cannot be read by the software, preventing blind users from jumping to different destinations within the website. It contends that blind customers are also prevented for making purchases because closing the transaction requires the use of a mouse.

According to the complaint, these barriers inhibit access to purchases, investor information and employment opportunities. It alleges that the disability access laws require full access to websites just as with physical stores, and seeks both injunctive and monetary relief. The complaint states that plaintiffs discussed possible accommodations with Target last year but were unable to reach agreement.

Will similar suits be filed in other jurisdictions? Is the technology available to comply with the plaintiffs' demands? Watch the Blawg for answers.

Today's Blogger:  Doug Dexter