Jeff Neuburger

Must my business web site be accessible to individuals with disabilities?
April 25, 2007

The federal Americans With Disabilities Act (ADA), which requires that "places of public accommodation" be accessible to individuals with disabilities, was enacted in 1990, well before the Internet became the important commercial channel that it is today. Not surprisingly, the ADA does not contain any provisions that specifically deal with accessibility of web sites, or expressly state that a web site must be accessible to disabled users. Thus, currently there is no U.S. law or regulation that requires non-government web sites to be accessible to the disabled.

The National Federation of the Blind v. Target Corp.

Recent litigation may eventually impose such a Web site accessibility obligation, at least in certain circumstances. The National Federation of the Blind brought a lawsuit in 2006 against retailer Target Corp. arguing that its web site should have the same obligation as the company's "bricks and mortar" stores to provide access to the blind. 

The Federation argued that Target's web site is inaccessible because blind persons require the use of special screen reading software to access web sites without assistance, and the Target web site doesn't accommodate the use of such software. In addition, the Federation claimed that accessibility to the blind requires that all functions on a web site be available with the use of the keyboard rather than a mouse, and Target's web site does not adhere to that standard.

Is a web site a “place of public accommodation” - ?

The Federation did not argue that a web site itself is a "place" of public accommodation, because courts in prior cases have ruled that a "place" of public accommodation under the ADA is a physical place, such as a store or an office. The Federation argued that accessibility of Target's web site is necessary to access certain goods and services that are available in Target's bricks and mortar stores. Here's a list of some of those goods and services from the Federation's complaint:

* A store locator, with information on store location, hours, and phone numbers
* Online prescription refills and photo ordering with in-store pickup
* Weekly ads showing on-sale items at particular locations
* Online wedding and baby registries, and coupons for in-store use
* Information about financial products and services, community programs, employment opportunities, and investor information and company policies

In a preliminary ruling in 2006, the judge agreed that the Federation's case against Target can go forward on the theory that Target's web site may violate the ADA if there is a connection (a "nexus") between the web site and the enjoyment of goods and services offered in Target's bricks and mortar stores.

What does the Target Corp. ruling mean for your business web site?

Although the court ruling was preliminary, if your web site includes features such as those outlined in the Federation complaint, you could be vulnerable to the same claims. While the ultimate outcome of the case is uncertain, it may be a good time to take a look at your web site in light of the Federation lawsuit and consider whether you wish to conform to Web accessibility guidelines voluntarily, regardless of the outcome of the litigation.  In our next post, we will discuss Web accessibility guidelines.

The posts on this blog reflect the personal views of Jeffrey D. Neuburger, in his individual capacity, and do not necessarily represent the views of his law firm or his clients, and are not sponsored or endorsed by them. The information contained in this blog is provided only as general information for educational purposes, and no warranty or representation is made about the accuracy of the information provided. Blog topics may or may not be updated subsequent to their initial posting. This information is not provided in the course of an attorney-client relationship and is not intended to constitute legal advice. This blog should not be used as a substitute for competent legal advice from a licensed attorney in your state.

Posted by Jeff Neuburger on April 25, 2007 | Comments (0)