Blind Web Surfers Sue Target for Access

Retailers are required by law to make special accommodations for the disabled in their stores. The same, say groups such as the National Federation of the Blind (NFB), should apply to retailers’ e-commerce sites. That is the crux of a lawsuit brought by the NFB against Target.
Target’s position, conversely, is that its web site is not subject to the Americans With Disabilities Act and that it was “committed to providing an online experience that is accessible to all of our guests. Despite the lawsuit brought forward by the National Federation of the Blind, we have always and will continue to implement new technologies to our Web site.”
Still, the NFB says Target.com is inaccessible to the visually impaired and it needs to make use of technology that converts text on a web page to voiced messages. The same software enables the blind to surf the web through commands understood by their computers.
Chris Danielsen, a blind man who developed a screen-reading software program called Jaws, told The Associated Press, “The blind have more access to information than they ever had in history – but that’s only true to the extent that Web accessibility is maintained. The technology is out there, and we don’t need barriers to be put in our way. Give us a way in.”
Retailers are not trying to lock anyone out, according to Scott Silverman, executive director of Shop.org. “It’s a very fast-moving environment. Retailers want to serve all their customers, including blind people,” he said.
While the case between the NFB and Target plays out, there are other retailers already setting up sites to be accessible to the blind.
Kelly Groehler, a spokesperson for Best Buy, told The Associated Press, the company has made changes to code the site to make it compatible with screen-reading software. “We’re trying to be proactive here,” she said.
Amy Colella, a spokesperson for Walmart.com, said that company’s web site is “reasonably accessible” to the blind.
Discussion Questions: Should e-commerce sites be subject to the Americans With Disabilities Act? Does the speed of technological innovation mean software
such as screen-reading programs will always be trying to catch up with e-commerce sites? How would this scenario play out in practical terms for the merchant and blind shoppers
using its e-commerce site?
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15 Comments on "Blind Web Surfers Sue Target for Access"
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Not only first off the mark today, but possibly one of the first addressing the issue any which way when I wrote a piece for http://www.just-food about selling to the visually impaired back in August 2004. For those of you who don’t subscribe, I did cover ways in which some e-commerce sites were being made available. Since then, the technology with this challenge as with so many others has moved on enormously. There is little or no excuse for any particular group to be deliberately excluded.
I would be interested to see what the marginal increase in sales is versus the cost of implementing the technology. I would guess that on a purely financial scale, the return on investment is negative.
That said, disability access should be done anyway: its the right thing to do, it has positive P.R. effects, and it might be the law.
It really should be up to individual retailers to decide if they want to be more accessible to the blind. Will there be a return on this investment? There are always going to be some crybabies who complain that they are not being accommodated. French Canadians whine about web sites not being in French. I’m sure there are millions of web sites that are not easily accessible to the blind, including my own. Target was just picked on because they are a large corporation.
I wonder why no one is talking about a more imaginative solution here. This is the internet after all.
First, to the point of the commenter above on ROI: What’s the ROI on curb cuts? Wheelchair-accessible rest rooms? It’s about access, not about return.
Now, that said, obviously cost is a factor in everything. Online retailers, especially small ones, could face real hardship if everything they do must be made compatible with blind-reading software.
So, back to my original point: a more imaginative solution. The web is replete with aggregators. There are aggregators of news, video clips, music, as well as products. eCommerce sites run on databases. What about forming a consortium of retailers who will pump out their product databases in an XML feed? A web site, set up specifically to accommodate reader software, then receives this information. I imagine that funding would be available for this effort somewhere. There *is* ROI on a unique destination such as this: The Amazon for the Blind.
An important story for consciousness-raising. I had thought next to nothing about this issue, even though I have a an e-commerce software company as a client!
Certainly, online retailers need to take all reasonable steps to accommodate customers whose abilities may be limited. This is a matter of fairness, public relations, and corporate citizenship. But first, site operators must be made aware that there is an opportunity to communicate to the visually impaired.
Target’s push-back seems inexplicable to me. Why wouldn’t the company acknowledge that it could do better in this area and begin taking steps? To be fair, its platform (“Powered by Amazon”) may have some inherent technical limitations in this regard. But once this type of best practice is identified, major firms should get to work at being best.
Target was not picked on because they are a large corporation. They were picked on because millions of people that love their products, have no cars to easily go to the store and desire to purchase from them can not.
The NFB has no desire to randomly sue corporations; they don’t have the finances or resources to do so. They simply want to be able to take advantage of technologies that help them live normal lives and buy from a beloved store. Millions of blind people are not alone in this…their spouses and families support them as well.
Due to a stunning increase in blindness due to macular degeneration and diabetes, more and more of us will be touched by this — perhaps even directly. Once again, this is a personal ethics opinion but it would be nice to approach it with empathy.
While not the correct PC line, one has to wonder if all the other retailers (Kmart, Sears, etc.) are compatible with the sight-challenged? Making brick and mortar handicapped-accessible has been routinely done for the last 25 years or so.
I suspect that Target was targeted and the NFB wanted them to immediately change their website and Target probably wouldn’t/couldn’t comply immediately.
It has probably cost Target more in bad publicity than to give into the demands. On the other hand, what retailer would want to give any customer any reason to go elsewhere to shop? In truth quite few, since there is so little brand loyalty today.
I’m curious why Target is being singled out here. Certainly, that can’t be the only major retailer with the same situation. I don’t know when ADA was passed but I would guess that internet commerce was very limited then, if it existed at all, so I’m sure it does not specifically address website access.
Wouldn’t it be more effective to lobby for an amendment to the act to make it a legal requirement rather than start a law suit over it?
I really like Anna Murray’s comment. This is the internet and creativity is almost limitless. Can’t we all get along on this matter and build a new model? I am getting really tired of suit-happy organizations and individuals. Did anyone make a pitch to Target about what the blind, or for that matter any other “challenged” group, wanted? I think, in today’s world, most every large retailer is doing their best not to step on anyone’s toes, and if they do, sorry, it wasn’t intentional. It is like last year when some Christian religious organization wanted to sue Wal-Mart for celebrating, “the Holidays” rather than Christmas. I think the larger the target, the more flack you attract, mostly for publicity for the cause.
So let’s discuss what can be done now or in the future, and make ourselves a more inclusive society, rather than confrontational.
I really think the innovation and accommodation needs to be for use at the individual level.
Rather than setting precedence with a big Target case that may mandate millions in forced spending to provide, maintain and audible access to the blind, why not plow all the energy and resources into providing and developing software and methods that can “read” ANY website, then make this technology available to the blind? Sort of a seeing-eye PC….
It’s dumb to get bad publicity when it could’ve been prevented at negligible cost. Target is usually smarter than this.