Internet Marketing:

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Is Your Web Site Breaking the Law?

In September last year, a law suit was lodged against retail chain Target by the National Federation of the Blind, who alleged that the Target.com web site was in violation of California state and federal laws protecting people with disabilities because it was not accessible to blind visitors.

On September 28 this year, the suit was certified as a Class Action, meaning it has expanded to include claims from any blind individuals in the United States “who have attempted to access the Target web site and as a result have been denied access to the enjoyment of goods and services offered in Target stores” AND any blind individuals in California “who have attempted to access the Target web site“.

Until this case, web site owners have not been obligated to comply with the ADA (Americans with Disabilities Act), because the laws apply to physical spaces, not virtual spaces. However, by denying a motion to dismiss and then certifying the case as a Class Action, Judge Patel has set up an expectation that commercial web sites may now be required to comply with the ADA.

So what are the laws relating to web site accessibility? In the U.S., it is a legal requirement for government sites to be accessible as outlined in Section 508 of the Disabilities Act. Plus each state has its own accessibility laws applying to government sites. Unfortunately, what constitutes a legally accessible web site is not spelled out anywhere for non-government sites.

In an interview with Kevin Newcomb about the law suit, usability expert Kim Krause Berg of Usability Effect says “As a courtesy and suggested practice, but not legally binding, online retail should also comply [with Section 508], specifically if they also have a physical store.”

The implications from this case could have a ripple effect across other commercial web sites that may be forced to comply with state and federal accessibility laws or face law suits of their own. And don’t forget that site owners can be sued in the future for past behavior. Is your web site breaking the law? Now might be the time to seek advice about your site’s accessibility.

Originally Syndicated via RSS from SiteProNews Blog