National Federation of the Blind v. Target Corporation
Encyclopedia
National Federation of the Blind v. Target Corporation was a class action
lawsuit in the United States
that was filed on February 7, 2006 in California state court, and subsequently moved to federal court. The case challenged whether the limitations the Americans with Disabilities Act of 1990
imposes on businesses also apply to e-commerce websites. The plaintiff
, National Federation of the Blind (NFB)
, sued Target Corporation
, a national retail chain, claiming that blind people were unable to access much of the information on the defendant
's website, nor purchase anything from its website independently.
's Web Content Accessibility Guidelines
or the Architectural and Transportation Barriers Compliance Board's Section 508 Amendment to the Rehabilitation Act of 1973
standards, specifically its use of the alt attribute
for clickable images featured on the website. For example, when a blind user visiting this website selected an image of a Dyson
vacuum cleaner using his or her tab key
, the voice synthesizer on the computer would say "Link GP browse dot html reference zero six zero six one eight nine six three eight one eight zero seven two nine seven three five 12 million 957 thousand 121" instead of a useful description of the image.
The NFB also claimed that the site lacked image map
s and other features that would allow blind people to navigate more easily through the website, and that the checkout process on the website required the user to be able to determine where the mouse pointer was on the screen. The NFB and Target started negotiating in May; the NFB claims these negotiations lasted until January 2006. On February 7, 2006, the NFB sued Target, claiming its website violated the California Unruh Civil Rights Act, the California Disabled Persons Act, and the Americans with Disabilities Act of 1990
.
stores are accessible to the blind, and that civil rights laws apply to the accessibility of its stores. However, on September 7, 2006, Judge Marilyn Hall Patel
ruled that a retailer may be sued if its website is inaccessible to the blind, stating that the Americans with Disabilities Act of 1990 prohibits discrimination in the "enjoyment of goods, services, facilities or privileges." Until this ruling, commercial websites were not considered a place of accommodation and were assumed to not fall under the Americans with Disabilities Act. Target responded by claiming "We believe our Web site complies with all applicable laws and are committed to vigorously defending this case. We will continue to implement technology that increases the usability of our Web site for all our guests, including those with disabilities." Target argued that the Americans with Disabilities Act of 1990 was intended to apply to physical accommodations instead of cyberspace, and that such application of the California acts on accessibility would violate the United States Constitution
's Commerce Clause
.
The court held that certain online retailers must provide access to the disabled. The court certified a class action against Target on behalf of blind Internet customers throughout the country. The court previously denied Target’s motion to dismiss and upheld NFB's argument that websites like Target.com must be accessible to the blind under both California law and the Americans with Disabilities Act (ADA).
Class action
In law, a class action, a class suit, or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued...
lawsuit in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
that was filed on February 7, 2006 in California state court, and subsequently moved to federal court. The case challenged whether the limitations the Americans with Disabilities Act of 1990
Americans with Disabilities Act of 1990
The Americans with Disabilities Act of 1990 is a law that was enacted by the U.S. Congress in 1990. It was signed into law on July 26, 1990, by President George H. W. Bush, and later amended with changes effective January 1, 2009....
imposes on businesses also apply to e-commerce websites. The plaintiff
Plaintiff
A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...
, National Federation of the Blind (NFB)
National Federation of the Blind
The National Federation of the Blind is an organization of blind people in the United States. It is the oldest and largest organization led by blind people in the United States...
, sued Target Corporation
Target Corporation
Target Corporation, doing business as Target, is an American retailing company headquartered in Minneapolis, Minnesota. It is the second-largest discount retailer in the United States, behind Walmart. The company is ranked at number 33 on the Fortune 500 and is a component of the Standard & Poor's...
, a national retail chain, claiming that blind people were unable to access much of the information on the defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
's website, nor purchase anything from its website independently.
Pre-Trial Negotiations and Filing
In May 2005, the NFB wrote to Target, asking for it to make its website accessible to people who are blind. The NFB claimed that Target could make its website accessible by making it comply with either the World Wide Web ConsortiumWorld Wide Web Consortium
The World Wide Web Consortium is the main international standards organization for the World Wide Web .Founded and headed by Tim Berners-Lee, the consortium is made up of member organizations which maintain full-time staff for the purpose of working together in the development of standards for the...
's Web Content Accessibility Guidelines
Web Content Accessibility Guidelines
Web Content Accessibility Guidelines are part of a series of Web accessibility guidelines published by the W3C's Web Accessibility Initiative. They consist of a set of guidelines for making content accessible, primarily for disabled users, but also for all user agents, including highly limited...
or the Architectural and Transportation Barriers Compliance Board's Section 508 Amendment to the Rehabilitation Act of 1973
Section 508 Amendment to the Rehabilitation Act of 1973
In 1998 the US Congress amended the Rehabilitation Act to require Federal agencies to make their electronic and information technology accessible to people with disabilities...
standards, specifically its use of the alt attribute
Alt attribute
The alt attribute is used in HTML and XHTML documents to specify alternative text that is to be rendered when the element to which it is applied cannot be rendered. In HTML 4.01, the attribute is required for the img and area tags...
for clickable images featured on the website. For example, when a blind user visiting this website selected an image of a Dyson
Dyson (appliances)
Dyson Ltd is a British technology company, founded in 1992 by Sir James Dyson, which designs and manufactures vacuum cleaners, hand driers, bladeless fans and heaters. It sells machines in over 50 countries and employs 3,100 people worldwide. The company prides itself on engineering products which...
vacuum cleaner using his or her tab key
Tab key
Tab key on a keyboard is used to advance the cursor to the next tab stop.- Origin :The word tab derives from the word tabulate, which means "to arrange data in a tabular, or table, form"...
, the voice synthesizer on the computer would say "Link GP browse dot html reference zero six zero six one eight nine six three eight one eight zero seven two nine seven three five 12 million 957 thousand 121" instead of a useful description of the image.
The NFB also claimed that the site lacked image map
Image map
In HTML and XHTML , an image map is a list of coordinates relating to a specific image, created in order to hyperlink areas of the image to various destinations . For example, a map of the world may have each country hyperlinked to further information about that country...
s and other features that would allow blind people to navigate more easily through the website, and that the checkout process on the website required the user to be able to determine where the mouse pointer was on the screen. The NFB and Target started negotiating in May; the NFB claims these negotiations lasted until January 2006. On February 7, 2006, the NFB sued Target, claiming its website violated the California Unruh Civil Rights Act, the California Disabled Persons Act, and the Americans with Disabilities Act of 1990
Americans with Disabilities Act of 1990
The Americans with Disabilities Act of 1990 is a law that was enacted by the U.S. Congress in 1990. It was signed into law on July 26, 1990, by President George H. W. Bush, and later amended with changes effective January 1, 2009....
.
Motions to Dismiss and for Class-Action Certification
Target moved to dismiss the case, claiming its brick and mortarBrick and mortar
Brick and mortar in its most simplest usage is used to describe the physical presence of a building or other structure...
stores are accessible to the blind, and that civil rights laws apply to the accessibility of its stores. However, on September 7, 2006, Judge Marilyn Hall Patel
Marilyn Hall Patel
Marilyn Hall Patel is an active judge presiding in the U.S. District Court for the Northern District of California. She was Chief District Judge of that jurisdiction from 1997 until 2004, and heard several notable cases during that time....
ruled that a retailer may be sued if its website is inaccessible to the blind, stating that the Americans with Disabilities Act of 1990 prohibits discrimination in the "enjoyment of goods, services, facilities or privileges." Until this ruling, commercial websites were not considered a place of accommodation and were assumed to not fall under the Americans with Disabilities Act. Target responded by claiming "We believe our Web site complies with all applicable laws and are committed to vigorously defending this case. We will continue to implement technology that increases the usability of our Web site for all our guests, including those with disabilities." Target argued that the Americans with Disabilities Act of 1990 was intended to apply to physical accommodations instead of cyberspace, and that such application of the California acts on accessibility would violate the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
's Commerce Clause
Commerce Clause
The Commerce Clause is an enumerated power listed in the United States Constitution . The clause states that the United States Congress shall have power "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." Courts and commentators have tended to...
.
The court held that certain online retailers must provide access to the disabled. The court certified a class action against Target on behalf of blind Internet customers throughout the country. The court previously denied Target’s motion to dismiss and upheld NFB's argument that websites like Target.com must be accessible to the blind under both California law and the Americans with Disabilities Act (ADA).