Facts

Alleging discrimination, plaintiffs National Federation of the Blind and others filed a class action on behalf of themselves and all blind individuals who were unable to use the Target.com website operated by defendant Target Corp. The lawsuit was brought pursuant to the California Unruh Civil Rights Act, the California Disabled Persons Act and the Americans with Disabilities Act.

Plaintiffs sought a preliminary and permanent injunction which would compel defendant to create a website that is easily accessible to the blind.

PLAINTIFFS' CONTENTIONS:
Blind individuals access websites by using screen access software designed to vocalize the information that appears on a computer screen. However, much of the information on Target.com was not properly encoded to enable access by those using such screen access software. Moreover, the way the website was designed had a detrimental effect on blind individuals, in that it was difficult for blind visitors to make purchases, and they were unable to retrieve company information regarding job openings, investor news, and store policies and locations.

DEFENDANT'S CONTENTIONS:
Defendant denied plaintiff's claims. The law does not require companies to design their websites so that they are accessible to blind individuals, as the statutes under which plaintiffs' lawsuit was brought do not contain the term "Internet." Further, because the website does not constitute a physical space, the ADA did not apply. The application of state and federal laws would violate the dormant commerce clause. Moreover, several blind individuals are able to utilize the website.

Damages

Plaintiffs sought statutory damages of $4,000 for each unsuccessful attempt a blind individual made to utilize the website.

Result

Defendant's request for dimissal was denied. The judge held that plaintiffs had properly asserted a claim that their civil rights had been violated, but held that the request for preliminary injunction was premature. This result established a precedent in which lawsuits may be brought against retailers if they deny blind individuals full and equal access to their websites.