Blind Plaintiffs Can Proceed With Lawsuit
A federal judge in San Francisco is allowing a lawsuit involving Web access for blind consumers to go forward. The suit concerns blind people's access to Target Corp.'s Web site. The National Federation of the Blind, its California affiliate and a University of California-Berkeley student filed suit in February. The...
September 08, 2006 at 08:29 AM
2 minute read
The original version of this story was published on Law.com
A federal judge in San Francisco is allowing a lawsuit involving Web access for blind consumers to go forward.
The suit concerns blind people's access to Target Corp.'s Web site. The National Federation of the Blind, its California affiliate and a University of California-Berkeley student filed suit in February. The plaintiffs allege that Target.com's inaccessibility to the blind constitutes discrimination and violates the federal ADA and California's Unruh Civil Rights Act and Disabled Persons Act.
“Both federal and state laws are clear that any good or service of a place of public accommodation is required to be made accessible on equal terms to people with disabilities,” said plaintiffs' counsel Josh Konecky, a partner at Schneider & Wallace in a statement.
When allowing the suit to proceed, the judge dismissed the defense's argument that civil rights laws don't apply because the Web site is not a physical space.
“[T]o limit the ADA to discrimination in the provision of services occurring on the premises of a public accommodation would contradict the plain language of the statute,” U.S. District Judge Marilyn Hall Patel wrote.
The lawsuit has the potential to affect e-commerce on a national level. If the judge decides in favor of the plaintiffs, any company with an Internet presence may have to alter its Web site to make it accessible to the blind. This would entail implanting invisible alt-text into graphics so that screen readers that the blind use to navigate the Internet can read out what is pictured. It would also mean companies that sell merchandise on the Internet would have to allow buyers to make purchases without the use of a mouse.
Currently, the judge will not force Target to make such changes to its Web site within 90 days as the plaintiffs had requested.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllSemiconductor Component Maker Accused of Deceiving Investors About Market Downturn, Export Curbs
3 minute readRecent FTC Cases Against Auto Dealers Suggest Regulators Are Keeping Foot on Accelerator
6 minute readTrending Stories
- 1'Largest Retail Data Breach in History'? Hot Topic and Affiliated Brands Sued for Alleged Failure to Prevent Data Breach Linked to Snowflake Software
- 2Former President of New York State Bar, and the New York Bar Foundation, Dies As He Entered 70th Year as Attorney
- 3Legal Advocates in Uproar Upon Release of Footage Showing CO's Beat Black Inmate Before His Death
- 4Longtime Baker & Hostetler Partner, Former White House Counsel David Rivkin Dies at 68
- 5Court System Seeks Public Comment on E-Filing for Annual Report
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250