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Microsoft MVP

 

More on the Target case

 
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All Forums >> Web Development >> Accessibility >> More on the Target case
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Tailslide

 

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More on the Target case - 9/8/2006 2:56:52   
From Yahoo:

quote:

A federal district court judge ruled yesterday that a retailer may be sued if its website is inaccessible to the blind.


and

quote:

Explaining the ramification of the ruling, Mazen M. Basrawi, Equal Justice Works Fellow at Disability Rights Advocates, noted that: "the court clarified that the law requires that any place of public accommodation is required to ensure that it does not discriminate when it uses the internet as a means to enhance the services it offers at a physical location."


http://biz.yahoo.com/prnews/060907/cgth051.html?.v=55

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d a v e

 

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RE: More on the Target case - 9/8/2006 3:00:18   
so what if there is no physical location?

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David Prescott
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Tailslide

 

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RE: More on the Target case - 9/8/2006 3:06:14   
I think that one of the arguments from Target is that their stores were accessible and so their website didn't have to be - if you see what I mean.

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jaybee

 

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RE: More on the Target case - 9/8/2006 4:43:01   
I've lost the link but I was reading something the other day where the RNIB were saying that the US was taking the lead in suing for web site inaccessibility which is rather odd when you consider that our laws are a heck of a lot tighter than the US laws.

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d a v e

 

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RE: More on the Target case - 9/8/2006 4:45:55   
yeah but you know how those crazy yanks like to sue - it's their favourite sport after baseball/football :)

(am i going to get sued by all the Americans on this forum now for deformation of character os something?"!)

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jaybee

 

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RE: More on the Target case - 9/8/2006 5:12:50   
Well I reported you so I expect you'll be hearing from them. :) :)

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Nicole

 

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RE: More on the Target case - 9/8/2006 6:08:15   
I’m not trying to play “devil’s advocate” or anything, you all know my stance on web accessibility, but I still fail to see how a web designer can’t be sued for negligence or whatever if they haven’t undertaken to make a site follow current web standards and be accessible.

I mean, a company that should and did know better like Target probably went about finding a web designer for their site much like anyone else goes about employing anyone to do anything. There are many things I know nothing about and therefore trust the mechanic / engineer / tradesperson or whatever, I know it’s my responsibility to check their qualifications and make sure I’m happy with them to do a particular job, but not knowing the standards of these things I don’t know, how can I ask about them? I mean does anyone honestly ever ask a tradesperson what standards they follow and then go and check whether those standards are accepted best practice?

So I still struggle to accept that a designer can’t be held to blame, unless a client has specifically asked that a site not be made accessible, and then I also believe that designer should refuse to do the work. A business who legitimately wants and needs a website should just expect that the designer is going to follow current standards and the laws that govern their industry wherever they may live. I firmly believe it’s the designers responsibility to understand they have a responsibility to produce websites in accordance of the laws where we or the client lives/works. We all know about privacy laws don’t we? Most designers will advise clients on different aspects of possible breaches of privacy and suggest privacy policies be written on websites won’t they? So why is this different from accessibility?

My other question is about other forms of advertising and why most television commercials are completely inaccessible to those with disabilities, some even being absent of any sound in order for the viewer to look up if they’re not already. Some include screen flickering which I’m sure induces some to fits. Are there any precedents against television advertisements?

Nicole


Edit: In fact this reminds me, having moved to the country where TV and radio is just naturally far more amateurish than in the city, it's nice though don't get me wrong, I was watching television just after I got here and saw my first tv commercial that was cross-screen incompatable. Very amateur advert that either the client or the producer obviously wanted to stretch the full width of a wide screen tv. On my ordinary size television it cut the sides of all the words, phone number etc. Beautiful!

< Message edited by Nicole -- 9/8/2006 6:23:23 >


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jaybee

 

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RE: More on the Target case - 9/8/2006 6:26:09   
It's likely that a company the size of target have their own in-house IT dept and somebody in there has been told to "do a web site". If that person is employed by Target then Target take the flack although they could easily discipline or fire the web designer for not keeping up with legislation. Depends on the person's job description.

It could also be the person did warn them and Target refused to spend the money for redevelopment which actually looks quite likely.

The problem was not so much that Target's site wasn't accessible, it was that they refused to make it accessible when told to do so.

quote:

Most designers will advise clients on different aspects of possible breaches of privacy and suggest privacy policies be written on websites won’t they?
You reckon? I bet they don't.

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Nicole

 

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RE: More on the Target case - 9/8/2006 6:29:03   
quote:

ORIGINAL: jaybee

The problem was not so much that Target's site wasn't accessible, it was that they refused to make it accessible when told to do so.



Ahhh, please excuse my rant then!



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Nicole

 

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RE: More on the Target case - 9/8/2006 6:34:20   
quote:

ORIGINAL: jaybee

quote:

Most designers will advise clients on different aspects of possible breaches of privacy and suggest privacy policies be written on websites won’t they?
You reckon? I bet they don't.


Missed your other point, sorry.

Well I do, in fact last time I was asked to add an off-site questionaire to a clients site I just took it upon myself to write one in:

quote:

People following this link and completing the online survey are reminded to observe the (My Client name) Privacy Policy with regard to outbound links and are advised that (My Client name) takes no responsibility for the privacy practices or the content of such sites, and once you leave our site you will no longer be covered by our Privacy Policy.


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Mango Himself

 

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RE: More on the Target case - 9/8/2006 12:43:51   
quote:

ORIGINAL: d a v e

yeah but you know how those crazy yanks like to sue - it's their favourite sport after baseball/football :)

(am i going to get sued by all the Americans on this forum now for deformation of character os something?"!)


funny you should mention that!

I have news for you: Target and the US have just retained my services as their legal representative. You now owe $35 to each american ($10 to illegal aliens only) for defamation.

Some members of this forum have already felt what it's like to go against the powers that be. You may read this this posting just to get an idea!

Nicole, we are not going to charge you! With a name like that and being CCC, how can we?

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