Laws Of .com

Court Rules Retailers Website Must Be Accessible to the Blind

On September 8, 2006, a federal judge in San Francisco ruled that a lawsuit filed against a Minneapolis-based retailer by the National Federation for the Blind (NFB) regarding the accessibility of the retailer's website can move forward. The ruling sets a precedent establishing that retailers must make their websites accessible to the blind under the Americans with Disabilities Act (ADA).

The lawsuit was filed by NFB as a class action on behalf of all blind Americans who are being denied access to target.com. The plaintiffs claimed that the website is inaccessible to the blind, and therefore in violation of federal and state laws prohibiting discrimination against people with disabilities. Target filed a motion to dismiss the case, arguing that the laws in question do not apply to websites because they are not “physical” places of public accommodation.

In her ruling, Judge Marilyn Hall Patel held that the application of ADA is not limited to discrimination in the provision of services occurring on the premises of a public accommodation. However, Judge Patel denied a motion by NFB for a preliminary injunction ordering Target to make its website accessible promptly. She held that this would be premature as there are sufficient questions raised with respect to whether the average blind person is able to access Target’s website.

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