A federal district court in California recently refused to dismiss a class action complaint brought by, inter alia, the National Federation of the Blind and the National Federation of the Blind of California against the Target Corporation. The complaint alleged that the inaccessibility of the Target.com Web site to the blind impeded their full and equal enjoyment of the goods and services offered in Target stores in violation of the Americans with Disabilities Act[FOOTNOTE 1] and California’s parallel statutes.
The court’s decision in National Federation of the Blind v. Target Corp.,[FOOTNOTE 2] has generated a great deal of interest and commentary.[FOOTNOTE 3] It is a landmark ruling regarding not only the accessibility of Web sites to the disabled but also the states’ ability to regulate Internet content. Companies in New York should pay attention to the ruling and the court’s analysis, which may lay the groundwork for similar opinions here and elsewhere and contradicts the leading New York case that has held that state regulation of the Internet was improper under the dormant Commerce Clause.[FOOTNOTE 4]
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