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Re: US DOJ and HR Block Website

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From: Bourne, Sarah (ITD)
Date: Dec 3, 2013 9:30AM

IANAL (I'm Also Not A Lawyer) but adding to Whitney's observations, it looks like the DOJ is hoping to get some solid case law showing that the ADA does, indeed, apply to websites. All the other big lawsuits have resulted in settlements, which is not case law.

sb
Sarah E. Bourne
Director of Assistive Technology &
Mass.Gov Chief Technology Strategist
Information Technology Division
Commonwealth of Massachusetts
1 Ashburton Pl. rm 1601 Boston MA 02108
617-626-4502
<EMAIL REMOVED>
http://www.mass.gov/itd


-----Original Message-----
From: <EMAIL REMOVED> [mailto: <EMAIL REMOVED> ] On Behalf Of Whitney Quesenbery
Sent: Friday, November 29, 2013 11:13 AM
To: WebAIM Discussion List
Subject: Re: [WebAIM] US DOJ and HR Block Website

INAL (I'm Not A Lawyer), but looks like good news. The critical text:

4. Specifically, Defendants have failed to ensure the accessibility of www.hrblock.com and its subdomains ... and, as a result, individuals with disabilities, including those who require assistive technologies, cannot access the information, enjoy the services, or take advantage of the benefits offered through Defendants' website.

5. Such discrimination persists notwithstanding the existence of readily available, well-established, consensus-based guidelines for delivering Web content in an accessible format - the Web Content Accessibility Guidelines
2.0 ("WCAG 2.0"), which are available at http://www.w3.org/TR/WCAG20/.

6. The Attorney General has commenced this action based on reasonable cause to believe that Defendants are engaged in a pattern or practice of discrimination ... and that such discrimination raises issues of general public importance. .... The United States seeks *declaratory and injunctive relief, monetary damages, and civil penalties* against Defendants.


Again INAL, but "intervene" is because the DOJ cannot initiate the lawsuit.
It's stronger than filing an amicus brief (as an interested friend of one party). The motion says the DOJ "...moves to intervene as of right in this action, pursuant to Federal Rules of Civil Procedure 24, because it has a significant protectable interest in enforcing the Americans with Disabilities Act"



On Tue, Nov 26, 2013 at 5:46 AM, Birkir R. Gunnarsson < <EMAIL REMOVED> > wrote:

> Greetings.
>
> Firstly, that DOJ website is not exactly the apex of accessibility.
> Secondly, out of some ignorance and desire to reduce it: What does
> this mean?
> Does this mean the DOJ will ensure a favorable outcome by intervening?
> Does it mean that they will seak to throw the law suit out?
> Does it just mean that whatever the outcome this will have a huge
> impact by setting an example?
>
> Basically, is this good or bad for accessibility?
> At a glance this looks like good news for us in the accessibility
> sector, but I would love interpretation from someone who understands
> these procedures better, adding a bit of commentary to help us
> understand if we should celebrate or worry.
> Cheers
> -Birkir
> Accessibility SME | Deque Systems
>
>
> On 11/25/13, Chagnon | PubCom < <EMAIL REMOVED> > wrote:
> > From the US Department of Justice's ADA office:
> >
> > The Justice Department announced today that it seeks to intervene [
> > http://www.ada.gov/hrb-motion-intervene.htm ] in a lawsuit against
> > HRB Digital, LLC and HRB Tax Group, Inc. ("Block") in federal court
> > in Boston to remedy violations of the Americans with Disabilities
> > Act (ADA). The department's proposed complaint in intervention in
> > the lawsuit, "National Federation of the Blind v. HRB Digital LLC
> > and HRB Tax Group, Inc.", alleges that Block discriminates against
> > individuals with disabilities in the
> full
> > and equal enjoyment of its goods and services provided through
> > www.hrblock.com [ http://www.hrblock.com/ ].
> >
> >
> >
> > The complaint is online at
> > http://www.ada.gov/hrb-proposed-complaint.htm
> >
> > - Bevi Chagnon
> >
> > - PubCom.com - Trainers, Consultants, Designers, and Developers.
> >
> > - Print, Web, Acrobat, XML, eBooks, and U.S. Federal Section 508
> > Accessibility.
> >
> > - It's our 32nd year!
> >
> >
> >
> > > > > > list messages to <EMAIL REMOVED>
> >
>
>
> --
> Work hard. Have fun. Make history.
> > > list messages to <EMAIL REMOVED>
>



--
Whitney Quesenbery
www.wqusability.com | @whitneyq

Storytelling for User Experience
www.rosenfeldmedia.com/books/storytelling

Global UX: Design and research in a connected world @globalUX | www.amazon.com/gp/product/012378591X/