Another fine example of overly intrusive government regulations is a recent application of the Americans with Disabilities Act. Target is being sued, in a class action suit, for violating the ADA by not making its website accessible enough to blind people.
A federal judge’s decision not to dismiss a discrimination case against retailer Target Corp. for operating a Web site inaccessible to the blind opens the door to Internet-related Americans with Disabilities Act claims.
The recent order is believed to the first ruling from a judge that the ADA can apply to the Internet, and lawyers from both sides of the bar anticipate more cases.
“To limit the ADA to discrimination in the provision of services occurring on the premises of a public accommodation would contradict the plain language of that statute,” wrote U.S. District Judge Marilyn Hall Patel, who sits in San Francisco. “To the extent defendant argues that plaintiffs’ claims are not cognizable because they occur away from a ‘place’ of public accommodation, defendant’s argument must fail.”
Patel declined the National Federation of the Blind’s request for a preliminary injunction requiring Target to immediately update its site. She said that there is no emergency to address and that more discovery is needed to investigate Target’s claim that the average blind person is able to access its Web site now. National Federation of the Blind v. Target, No. 06-01802 (N.D. Calif.).
This whole idea of the government addressing every perceived wrong is getting completely out of hand. The ramifications, if Target loses, will be tremendous, especially on smaller businesses. Target can easily afford any website upgrades that might be required by the Court, however, many smaller businesses could be sunk by these costs.
No one is forcing blind people to shop on Target’s website. Shopping a competitor’s site would send a clear message to Target that would most likely result in any necessary modifications. The decisions affecting web design belong with companies, not the Courts. People can vote with their wallets. The ADA is constantly being reinterpreted by the Courts to provide an ever expanding application of the law. That is the problem with many government regulations, the end results do not resemble the intent that prompted the legislation initially.
What’s next? Perhaps some Court will require Apple’s IPODS to display song lyrics for deaf people.
National, Rants | No Comments »
Now don’t just sit there and imitate 
