CA Target case gets class action status!

 
SOURCE: Wall Street  Journal 
 

Suit Against Target Over Access By Blind Gets  Class-Action Status
By KEVIN  KINGSBURY
October 3, 2007  1:08 p.m. 
A federal judge granted class-action status to a lawsuit  alleging that 
_Target_ (http://online.wsj.com/quotes/main.html?type=djn&symbol=tgt)   Corp. is 
breaking California and federal law by making its Web  site essentially unusable 
for the blind. 
The plaintiffs have said there is technology that has  been adopted by other 
firms to make Web sites usable for the blind, but Target  hasn't done so. 
Reading software can vocalize invisible code embedded beneath  computer graphics 
and describe content on a Web  page. 
Granting class-action status allows blind people  throughout the country who 
have tried to access Target.com to become plaintiffs  in the suit, which 
alleges violations with the Americans with Disabilities Act.   
Judge Marilyn Hall Patel also approved a separate class  made up of 
California blind residents who have tried to  access Target.com to address the suit's 
charges that Target is violating state  civil- and disabled-rights laws. The 
suit contends some 10,000 people in  California  alone use reading software to 
access the Internet. 
"This is a tremendous step forward for blind people  throughout the country 
who for too long have been denied equal access to the  Internet economy, said 
Dr. Marc Maurer, president of the National Federation of  the Blind. "All 
e-commerce businesses should take note of this decision and  immediately take steps 
to open their doors to the blind."   
Judge Patel noted in her ruling, dated Friday, that  Target has made some 
modifications to its Web site since the suit's filing in  early 2006 to make the 
site more blind-accessible. With those changes, Target  claimed the suit is 
now moot. Judge Patel ruled against that  argument. 
In a statement, Target said, "We believe that our Web  site is fully 
accessible and complies with all applicable laws. As our online  business has evolved, 
we have made significant enhancements to improve the  experience of our 
guests who use assistive technologies." The company also noted  a federation email 
"confirms the usability of our Web site."     
The retailer will appeal the class-action certification  and said, "We will 
continue to implement new technologies the enhance the  usability of our Web 
site for all our guests." 
The federation filed the suit, originally made in  California state court in 
February 2006 and  moved at Target's request to San Francisco  federal court 
the following month, on behalf of northern California resident Bruce  Sexton, a 
group member. The suit alleged that "due to Target's failure and  refusal to 
remove access barriers to Target.com, blind individuals have been and  are 
being denied equal access to Target stores" and the "service and benefits  
offered to the public through Target.com." 
Judge Patel ruled that Mr. Sexton hasn't demonstrated he  himself has been 
harmed by Target, but that some potential class members could  likely may the 
same allegations as Mr. Sexton. As a result, a new class  representative must be 
found. 
Write to Kevin  Kingsbury at [email protected]_ 
(mailto:[email protected])    




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