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Re: Target and NFB agree to Settlment


From: Terry Thompson
Date: Aug 27, 2008 6:30PM

I'm impressed by the Target Online Assistive Technology Guidelines. The
level of detail, complete with images and code samples from the Target
website, would seem to be an extremely useful resource for Target web

I agree with Jared though that it would have been nice if this had resulted
in case law that clarifies web accessibility from an ADA standpoint. Without
that clarification, does this strengthen the need for web/IT accessibility
to be addressed in the ADA Amendments, as recommended in Cyndi's blog post
back in June?


Other than this blog post, I'm not seeing much buzz about web accessibility
in the ADA Amendments discussions. What's the status of this, and what
further actions should web accessibility advocates take?


Terry Thompson
Technology Accessibility Specialist
DO-IT, Accessible Technology
UW Technology Services
University of Washington

> -----Original Message-----
> [mailto: <EMAIL REMOVED> ] On Behalf Of
> Cynthia Waddell
> Sent: Wednesday, August 27, 2008 11:37 AM
> To: 'WebAIM Discussion List'
> Subject: Re: [WebAIM] Target and NFB agree to Settlment
> Everyone,
> You will find pertinent information about the Target web
> accessibility settlement posted at the www.dralegal.org website.
> The Target Online Assistive Technology Guidelines - Exhibit C
> - is posted as a Word document at
> http://www.dralegal.org/cases/private_business/nfb_v_target.php.
> Best regards,
> Cynthia Waddell
> --------------------------------------------------
> Cynthia D. Waddell, JD
> Executive Director and
> Law, Policy and Technology Consultant
> International Center for Disability Resources
> on the Internet (ICDRI)
> Phone: (408) 691-6921
> ICDRI is based in
> Raleigh, North Carolina USA
> http://www.icdri.org/CynthiaW/cynthia_d.htm
> See My New Book!
> Web Accessibility: Web Standards and
> Regulatory Compliance by Apress
> at www.icdri.org/WSR_Book.htm
> See also Constructing Accessible Web Sites
> www.icdri.org/constructing_accessible_web_site.htm
> Is your Web Site Accessible?
> Find out now with Cynthia Says! www.cynthiasays.com Endorsed
> by the American Council of the Blind, the CynthiaSaysTM
> portal is a joint Education and Outreach project of ICDRI,
> The Internet Society Disability and Special Needs Chapter,
> and HiSoftware.
> -----Original Message-----
> From: Jared Smith [mailto: <EMAIL REMOVED> ]
> Sent: Wednesday, August 27, 2008 10:44 AM
> To: WebAIM Discussion List
> Subject: Re: [WebAIM] Target and NFB agree to Settlment
> On Wed, Aug 27, 2008 at 9:17 AM, Jared Smith
> < <EMAIL REMOVED> > wrote:
> > Is it really? It's good news for the NFB, its claimants, and Jim
> > Thatcher (in the sum of $6 million+), but I think the
> majority of the
> > accessibility community was hoping for some long-awaited
> case law that
> > might better define the relationship of the Internet and
> the Americans
> > with Disabilities Act.
> I need to clarify my comments here. My wording above seems to
> suggest self-interest by all parties involved. This is not
> what I intended.
> Jim Thatcher is a consultant with NFB and will not be a
> direct recipient of settlement monies. While I'm unaware of
> what his future involvement will be in making the target web
> site more accessible as part of this settlement, I have
> nothing but glowing praise for Jim and the work he has done
> in the web accessibility field. My comment was not to suggest
> self-interest on Jim's part, but to recognize him as having
> played a significant role in this positive outcome. Indeed
> the outcome likely would have been different without Jim's
> expertise. He has always acted in the best interest of people
> with disabilities.
> As a web consultancy, WebAIM has greatly benefited from work
> with other corporate entities who are interested in web
> accessibility and in minimizing liability, most of this a
> result of publicity surrounding the Target lawsuit. I suspect
> this ruling will make us and fellow web accessibility
> consultants even more in demand. Despite this, I still feel
> that in this case the overall benefit to people with
> disabilities is not nearly as significant as it would have
> been if definitive case law had been established.
> I've written an overview of the settlement and provided some
> commentary on our blog at
> http://webaim.org/blog/target-lawsuit-settled/
> Jared Smith
> WebAIM