The Target Case Moves On...

The Target vs. The Disabled People Case moves up in the court. Basically, Target is refusing to put accessibility on their website and being a real.. well.. I think I've heard the word "butt" used to describe Target. By multiple people. It's a really odd place to draw your line in the sand, "No, we will NOT help blind people buy stuff on our website! They can shop elsewhere! So there!"

Never mind that accessibility increases your usability for all. Never mind that most these changes would be EASY. And certainly cost less than this lawsuit...


"Target's argument based on the speculative purchases would defeat most ADA claims. There is no requirement that a plaintiff who encounters physical accessibility barriers—such as a wheelchair user who confronts a store without ramps at its entrance—must provide a shopping list of products available at the store in order to proceed with an ADA claim," the judge ruled. "Rather, it is sufficient that the (consumers who are suing Target) have alleged that they were denied access, by being diverted to another store, in order to meet the class definition."

The judge continued: "Like its argument that deterrence does not constitute inaccessibility, this argument, too, is overbroad. A wheelchair user is not prohibited from entering a store without a ramp: [T]hat person could be carried into the store by the store personnel or hire a guide to do so. Nevertheless, those accessibility barriers, even where they may be accommodated, would generally violate the ADA. Similarly, the increased cost and time to surmount the alleged barriers presented by the inability to pre-shop demonstrate that these (consumers) have met the class definition. Target's reliance upon their ability to accommodate blind shoppers through other means, such as in-store assistance or a 1-800 customer service number is misplaced at this stage. As the court noted at the outset of this litigation, the method of accommodation is an affirmative defense."

ed: NPR Marketplace also ran the story: http://marketplace.publicradio.org/display/web/2007/10/03/target_lawsuit/

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