ADA Out of Control? Blind groups sue Target over website, page 3
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ATS Members have flagged this thread 2 times


reply posted on 3-10-2007 @ 08:28 PM by mattifikation
I am both blind and deaf and I will soon be filing a lawsuit against those who've argued that the lawsuit against Target is not B.S. because you did not design your posts in a way that I can interpret them.

Okay, so I'm not blind or deaf. If I were, the analogy would be fitting in every way. Even the fact that I'd be selectively suing only SOME of the "offenders."

Once the trial gets under way, I'm sure we'll see that the lawsuit was filed by somebody with some other grudge against Target who decided to use his blindness as a weapon. Chances are, they've been doing exactly that most of their life.

Several questions need to be answered before ruling in favor of the plaintiff. Such a ruling would set a precedent which would have to be followed by everyone else from then on.

1. At what point is a site mainstream enough that the legal system can force it to be readable by text-to-speech programs? What about commercial web sites whose sole purpose is the display of images? Should Photobucket be sued because blind people can't look at the pictures?

2. When requiring a web site to display its information in a certain form (text) instead of others (images, animations), where do you draw the line between stopping discrimination and violating freedom of speech? If the government can say a web site must display its information in text format, does that mean the government can require all speech only be done in text format?

3. Will this pave the way for deaf people to sue music companies? Would a ruling in favor of the plaintiff allow a mute person to sue the producers of American Idol because only people who can speak can get on it?

4. What about languages? If web sites have to be accessible to everyone, should they be required to translate into every concievable language known to man?

5. My dog can't get on Wal-Mart.com. Can I sue them for animal cruelty?


reply posted on 3-10-2007 @ 08:31 PM by djohnsto77
reply to post by mattifikation



You make a lot of great points here. I think that if this lawsuit ends up being successful, the Supreme Court may very well take this opportunity to strike down portions of the ADA as too vague or unconstitutional.


reply posted on 3-10-2007 @ 08:58 PM by Edn
Originally posted by mattifikation
I am both blind and deaf and I will soon be filing a lawsuit against those who've argued that the lawsuit against Target is not B.S. because you did not design your posts in a way that I can interpret them.


Since the posts on this form are rendered in text format they are readable by pretty much any form of text to speech software, though the site fails WCAG 1.0 [Priority 1] (109 remarks) 107 of them are pretty much simply missing alt tags (which is a requirement of the html standard anyway) and 2 missing title tags for iframes.

With minor tweaking this site could be reasonably compliment to accessibility standards.

Originally posted by mattifikation
1. At what point is a site mainstream enough that the legal system can force it to be readable by text-to-speech programs? What about commercial web sites whose sole purpose is the display of images?


All sites are legally required by law depending on which country the website is hosted in to be reasonably accessible to the disabled, its generally not heavenly enforced with small sites because the vast majority of websites are junk written by people who dont know a thing about how the web works. However if websites were written properly in the first place in most cases they would already be at an acceptable standard to be access by anyone using any medium, be it X browser or x text to speech program.

The fact that they arnt is simply because companies hire people who either don't know how to write sites properly or are put on unreasonable deadlines and unable to finish the job properly.

Originally posted by mattifikation
Should Photobucket be sued because blind people can't look at the pictures?

Funny you should pick that website, any reason why?

I ask because photobucket is (with the exception or 3 errors) WCAG 1.0 priority 1 complaint.

Originally posted by mattifikation
2. When requiring a web site to display its information in a certain form (text) instead of others (images, animations), where do you draw the line between stopping discrimination and violating freedom of speech? If the government can say a web site must display its information in text format, does that mean the government can require all speech only be done in text format?


No one is saying your site cant be full of images, video, animations or anything else, what people are saying is your site should be standard complaint so anyone who visits it knows what the hell is on the site, in fact its generally in the website owners interest to make sure there site is complaint because if it isnt you simply get less visits and potentially less money, it doesn't get any simpler.

Originally posted by mattifikation
3. Will this pave the way for deaf people to sue music companies? Would a ruling in favor of the plaintiff allow a mute person to sue the producers of American Idol because only people who can speak can get on it?

web standards and accessibility and listening to music are two completely different things, there not relevant in this case.

Originally posted by mattifikation
4. What about languages? If web sites have to be accessible to everyone, should they be required to translate into every concievable language known to man?

ever heard of Google translator? Regardless the language a site is in and making your site standards complaint are again two completely different things and not relevant here.

You cant translate your site into every language in this world, its not possible for one person to do because no one person knows every language, however you can make your site standards complaint, its not hard, it doesn't require any extra knowledge and it can be easily automated.

Originally posted by mattifikation
5. My dog can't get on Wal-Mart.com. Can I sue them for animal cruelty?

Now your being stupid.



reply posted on 3-10-2007 @ 11:01 PM by Edn
Originally posted by Donoso
Originally posted by Edn
Now your being stupid.


You're*

It's a common mistake, I assure you.

I assume your reffering to my spelling there? Apology's I do try but I dont get it right all the time.

On that note, I got a warning for that comment. Apology's to mattifikation I was not calling you stupid, I was calling you comment stupid and a little immature for the subject we are discussing.

Originally posted by Donoso
Whatever isn't common sense courtesy shouldn't be something that has to do with equality. Seriously. Some things are simply NOT designed for people with disabilities (both acquired and genetic), while that shouldn't handicap people from trying to excel, it shouldn't force everybody around them to bend over while they stick their you know what up your you know where.


I don't think people understand, the internet has been designed to be used by the disabled, there are standards set by the W3C. The Web Content Accessibility Guidelines 1.0 are the current guide lines set to allow you to make your site easily accessible to people with disability's, there not hard to follow, just as the CSS and HTML guidelines are not hard to follow, all it requires is for you to not cut corners.

To be perfectly honest, the guidelines set by the W3C should be enforced fully, its sites that don't follow the standards that cause incompatibility's with users and servers, its also them that cause instability on the internet.

You wouldn't let a car manufacturer's cut corners and not follow the guide lines, the internet is no different.


reply posted on 3-10-2007 @ 11:18 PM by FredT
reply to post by Edn



Web Content Accessibility Guidelines enforced fully? Well they are guidelines. But again I must point out options are avalible AT no cost to the user such as 1-800 number.

At some point this begins to get rediculous and for me we have reached it.

again 1-800 number

Also,


The Americans with Disabilities Act (ADA) and, if the government entities receive Federal funding, the Rehabilitation Act of 1973, generally require that State and local governments provide qualified individuals with
disabilities equal access to their programs, services, or activities, unless doing so would fundamentally alter the nature of their programs, services, or activities or would impose an undue burden.
www.usdoj.gov...


I have bene looking at the ADA AND the government site and find nothing that says they have to alter web sites. Suggestions sure, but unless Target is getting ogvernment funds and is a government agency I don't think it needs to do so.


[edit on 10/3/07 by FredT]

[edit on 10/3/07 by FredT]


reply posted on 4-10-2007 @ 05:50 AM by ProTo Fire Fox
reply to post by earthman4



This member has the same thought i do, this must be a joke, what about ATS ? this isnt blind friendly, why arnt these topics talking to me, just incase im blind

This is out of hand, and just plain stupid.

ProTo


reply posted on 4-10-2007 @ 07:19 AM by NGC2736
Most lawsuits are for the profit of lawyers. The lawyer gets his cut, and expenses, and if there's anything left, it's divvied up by the winners. And it's lawyers that push lawsuits.I mention this because I see a lot of people here acting like the suit is for profit. Unless this is a blind lawyer, I doubt a class action suit will buy much.

And, while I see the logic of letting profit drive inovation in the marketplace, it is not as simple as that. The poster that showed how it was not profitable enough for Target to bother with the blind shopper missed the point.

In the 1960s, black people made a great deal less money than whites. It was not very profitable to have a black in your business, from a retail point of view, because they would not have enough money to spend anyway. So why go to the trouble of inviting them, or even allowing them access.

And besides, there were stores that catered to the black trade anyway, so they could shop there. And if they just had to shop at a white only store, they could just as easy go to the back door and place their order there without disrupting business for the white folks. (Basically, that is what you people are saying with the "use a telephone" idea.)

In that era, and to some degree even today, in a very real sense of the word being a person of color was a handicap. Does that mean that businesses should have the right to sell only to those they chose to? And they themselves should get to decide what standards need to be met and what does not? Hello 1949!

It may on the surface seem to be one of those lawsuits that are a waste of time, but if you think it through, there is merit in the case. As a civilized society we cannot allow a lack of compassion to become the standard, nor can we allow public actions which are excusionary in their concept. The minute we start down that road, we are turning back the clock, not moving forward.

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