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Full-Text Articles in Disability Law
Applying The Americans With Disabilities Act To Private Websites After National Federation Of The Blind V. Target, Jeffrey Bashaw
Applying The Americans With Disabilities Act To Private Websites After National Federation Of The Blind V. Target, Jeffrey Bashaw
Washington Journal of Law, Technology & Arts
The United States District Court for the Northern District of California recently held that websites which are tightly integrated with a physical store must be accessible to the blind, or risk running afoul of the Americans with Disabilities Act (“ADA”). The court in this case, National Federation of the Blind v. Target (“Target”), declined to grant summary judgment for Target, a retailer which operates both physical stores and an e-commerce website, in a suit alleging that Target’s website, Target.com, was discriminating against the blind. This Article will describe the narrow application of Target, which found that websites which are …
Liability Under The Americans With Disabilities Act For Private Web Site Operators, Evgenia Fkiaras
Liability Under The Americans With Disabilities Act For Private Web Site Operators, Evgenia Fkiaras
Washington Journal of Law, Technology & Arts
The Americans with Disabilities Act of 1990 (“ADA”) is silent on the specific question of whether privately owned websites fall within its provisions. There is a circuit split on the issue, although the only case directly on point makes mandatory website compliance the exception rather than the rule. Nevertheless, given the direction that the law will probably head and the relative ease of making websites accessible to the group most in need—those who require the use of assistive technologies—it behooves businesses to construct or alter their websites to accommodate these individuals.