Web Accessibility Class Action Case

In a class action discrimination lawsuit filed in Northern California, Target department store is being sued by a blind student from UC Berkely, Bruce 'BJ' Sexton, and the National Federation for the Blind (NFB).

"The complaint cites various problems with Target.com: alt-text is missing from images, preventing screen readers from describing them to blind users; purchases cannot be completed without a mouse because keyboard controls do not work; image maps are inaccessible; and headings are missing that are needed to navigate the site. In short, the site is badly designed, says the NFB. "

Reference: http://www.out-law.com/page-7285

What does this mean for average site owners in the US?

It's unclear at this point but my guess is that all web site owners need to get up to speed on what web accessibility for all users means. This case may have far reaching implications in terms of the scope and limits to which the Americans with Disabilities Act (ADA) can be applied to the internet. Additionally, many States have anti-discrimination laws that are much broader than the ADA. California is one of them.

The California Unruh Civil Rights Act

"All persons within the jurisdiction of this state are free and equal, and no matter what their sex, race, color, religion, ancestry, national origin, disability, or medical condition are entitled to the full and equal accommodations, advantages facilities, privileges, or services in all business establishments of every kind whatsoever. Civil Code section 51(b)"

Wow! That's a very powerful statement. The act goes on to list examples.

"This law requires "Full and equal accommodations, advantages, facilities, privileges or services in all business establishments." This includes but is not limited to:

• Hotels and Motels
• Non-Profit Organizations
• Restaurants
• Theaters
• Hospitals
• Barber and Beauty Shops
• Housing Accommodations
• Public Agencies
• Retail Establishments"

Summary

California could very well become the driving force that requires all US websites to become accessible. Just how far the arm of ADA or State laws should extend to the internet is what's being tested. My gut tells me this won't be over for a long time and will probably end up before the Supreme Court for a final ruling.

In the meantime, embrace web accessibility and use it to your advantage. Make certain your web developers do the same. It demonstrates awareness, good business practices and above all, consideration for your site visitors. Don't wait for another lawsuit to help you decide which way to lean. In the end, if you snooze, you lose.

References:
California's Unruh Act
Web Content Accessibility Guidelines (WCAG)
Web Accessibility Iniative (WAI 508)