Mozilla, Accessibility, and Target
October 20th, 2006 by Kel SmithLast week was the Mozilla Accessibility Summit in Cambridge, MA. Shane Anderson gives a general overview, with links to Mark Pilgrim’s more detailed account of the presentations. If you’re getting the sense that Firefox is positioning itself as a sort of vanguard to advance and cultivate the cause of web accessibility, you would be correct.
As an update of Tim’s earlier post (regarding Target being sued by the National Federation of the Blind for failing to provide accessible website content), last month a California federal judge decided not to dismiss a discrimination case against retailer Target Corp. This opens the door to all Internet-related Americans with Disabilities claims, proving that websites fall under the category of “physical places of accommodation.” Target had filed a motion to dismiss the case on the premise that ADA laws don’t apply to Web sites, going so far as to suggest that such laws violate the Commerce Clause of the U.S. Constitution.
Marty DeAngelo Says:
Interestingly, although the Target claim tried to show violation of the Commerce Clause, in reality the Commerce Clause upholds the ADA and related laws. According to a number of rulings (see Wikipedia), while the transaction may be housed in a single state, the actions of interstate commerce make it beholden to Federal Law.
So, unless Target was manufacturing, transporting and selling all within the same state - which theoretically would have to be the same state that the website was being hosted - they are subject to interstate commerce.
I don't know how strong that argument is, paticularly in light of later cases, but it's an interesting precedent.
Alex P Says:
Web Standards are not important.