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Web Accessibility Gets a Boost In California Court

The Register is reporting on developments in a California court case pitting blind users against the retailer Target over the lack of accessibility of Target.com. (We discussed the matter on two occasions last year.) The case is being brought under a federal statute, the Americans With Disabilities Act, and two California laws that are somewhat broader. Even though Target has made improvements to the site since losing the first phase in court, the judge has just ruled that the case is eligible for class-action status. The end result could be mandated accessibility for for all Web sites reachable by visually impaired users in California.

283 comments

  1. hmmmm by pwizard2 · · Score: 1

    The article specifically mentions that Alt attributes in IMG tags were not present (that I can understand) but what are the "and headings are missing that are needed for navigation"? Dis the designers not use the standard H1 - H6 Tags?

    Also, the shortcut keys that didn't work seem to be more of a browser-related config issue than anything, so I don't see how Target could be held responsible.

    To me, a greater problem is those websites that still use 2-5 layer nested tables for layout (even after all these years), despite the fact that that manner of design is not kind to screenreader software at all.

    --
    "It is a denial of justice not to stretch out a helping hand to the fallen; that is the common right of humanity."
    1. Re:hmmmm by Anonymous Coward · · Score: 1, Insightful
      1. They probably use IMGs instead of H1-H6 tags, either because they are using a non-standard font, or some design in the headings. There are a few workarounds for this. You can use H1-6 in your markup, and replace it with images in the CSS (assigning an ID to each H1-6.)
      2. Shortcut keys are set in the markup, with the accesskey attribute. I didn't RTFA, but they may not be including this, or making it obvious there is such an access key. Again, you can put this in your markup and hide it with CSS if you want, or put it in as a title attribute (e.g. "ALT + S to search").

      Also, I just noticed Slashdot now has an "[mp3]" option for the captcha.
    2. Re:hmmmm by wk633 · · Score: 2, Informative

      At the time of the lawsuit, it was impossible for a screen reader user to 'checkout'. You could, with difficulty, put items in a cart, but the 'checkout' button was a hot region on the screen which was not selectable by keyboard. You HAD to use a mouse to click on the checkout button.

    3. Re:hmmmm by nwbvt · · Score: 2, Insightful

      "but what are the "and headings are missing that are needed for navigation"?"

      I would guess that means things like tables are missing properly formatted (meaning they can be picked up by the naked eye) headers. There are numerous accessibility guidelines that websites are generally required to follow, unfortunately many developers are completely unaware of them or put them at a very low priority. Its more fun to develop that neat web 2.0 javascript widget than it is to ensure all your inputs have properly formatted labels.

      "Also, the shortcut keys that didn't work seem to be more of a browser-related config issue than anything, so I don't see how Target could be held responsible."

      What that generally means is that the page isn't following the correct conventions, so the browser isn't able to pick up how the page is supposed to be rendered. For instance, from looking at the page today (after they made their so-called improvements), this is how they display their search box:

      <div class="nav4txt_textholder"> <div class="tgt_gn_acc_title"><h1>Site Search</h1></div><label for="searchKeywords"><img width="1" height="1" border="0" alt="" src="http://g-ec2.images-amazon.com/images/G/16/misc/transparent-pixel._V42752373_.gif"/></label><input type="text" id="searchKeywords" name="field-keywords" class="nav4_Search" size="16" title="Search Keywords"/></div>

      Lets skip over for a moment that they still don't have alt text for that image. They do have a text label for their search box, problem is it is inside a div next to the input. Now that is easy enough for a user with vision to tell what it is talking about, but a browser with a screenreader cannot just look for text that is next to the input. They have to look for the associated <label> element, and in this case all that element contains is an image. So when the browser comes across the text input and the user uses the browser shortcut to tell them what the input is for, instead of reading "Site Search" it will probably try to describe an image and a hyperlink. What the page should have done is put the text in the label element and put the nice looking image with the hyperlink sit next to the input for sighted users to read.
      --
      Mathematics is made of 50 percent formulas, 50 percent proofs, and 50 percent imagination.
    4. Re:hmmmm by JesseMcDonald · · Score: 1

      Lets skip over for a moment that they still don't have alt text for that image.

      Why would anyone want a non-empty ALT property for a 1x1 image containing only a single transparent pixel (presumably for layout purposes)? It seems to me that their ALT text matches the visual content of the image perfectly. Anything else would disrupt the plain-text layout to no advantage.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    5. Re:hmmmm by nwbvt · · Score: 1

      If that is what the image is of (I didn't go in and check that) a blank alt is correct, but then WTF are they doing using a transparent pixel as their text box's label?

      --
      Mathematics is made of 50 percent formulas, 50 percent proofs, and 50 percent imagination.
  2. acronyms. by User+956 · · Score: 3, Funny

    The Register is reporting on developments in a California court case pitting blind users against the retailer Target over the lack of accessibility of Target.com.

    That's they get for using a WYSIWYG editor to make their website.

    --
    The theory of relativity doesn't work right in Arkansas.
    1. Re:acronyms. by AchiIIe · · Score: 1

      >> That's they get for using a WYSIWYG editor to make their website.

      Ooh, wait until the plaintiffs discover this thing called flash.

      > We've hit the JACKPOT people, look at this monstrosity, you cant use if you are blind. Let's sue.

      --
      Nature journal lied in Britannica vs Wikipedia Ask to retrac
    2. Re:acronyms. by delinear · · Score: 1

      In the vast majority of cases I should imagine lack of flash support is an advantage of assistive technology, rather than a disadvantage...

  3. Even if you aren't disabled by Z00L00K · · Score: 2, Interesting
    some sites are next to hopeless to use from a usability point of view.

    Not only is the layout wildly different from site to site, but also the semantics. And sometimes the access to some services aren't in a menu at all but hidden on a specific page that you don't really think it would be.

    --
    If builders built buildings the way programmers wrote programs, then the first woodpecker would destroy civilization.
    1. Re:Even if you aren't disabled by TubeSteak · · Score: 3, Insightful

      some sites are next to hopeless to use from a usability point of view. There's no way every last budget business website is getting redesigned as the result of a court case in California

      My guess is that one of the questions which will start getting asked is "how do I block visually impaired users in California?"

      --
      [Fuck Beta]
      o0t!
    2. Re:Even if you aren't disabled by leenks · · Score: 5, Interesting

      Or how do I (reliably) block all users from California?

    3. Re:Even if you aren't disabled by Anonymous Coward · · Score: 0

      To summarize the comments so far: 'Why the fuck should I learn how to do my job properly and create accessible web sites that follow standards just to please a few disabled people? They should just use IE6 and learn to see!'

      When did Slashdot turn into Digg, FFS?

      The main reason Target is being sued is that, after being informed of the problem, they made no attempt to address the relatively simple changes that would have made their site more accessible to more potential customers.

    4. Re:Even if you aren't disabled by kayditty · · Score: 0

      My guess is that one of the questions which will start getting asked is "how do I block visually impaired users in California?"
      Make a website that isn't accessible for them.

      ZING!

      I think it's odd how economically conservative* our society is. We seem to be generally libertarian (not just liberal!) when it comes to social issues, but we (mostly the left, I guess, but that's representative of a large subset of us as a whole, and our government at the moment) are mostly for regulation of business. Why is that?

      I honestly don't claim to know much about the principles of this country or its constitution, but I think it is founded on somewhat libertarian ideals. Maybe that's just at the federal level, though. We don't regulate things (well, we aren't supposed to) at that level, but we let the states decide. Effectively, though, the ideology is that government shouldn't be meddling in our affairs, at some level atleast. California seems to be a pretty progressive state, too, so far as I know. Why is it that 'progression' seems to be intermixed with economic regulation, anyway?

      * I am not sure this is what I really mean. Conservatism seems like a really difficult term to pin down. Many of the modern, so-called "conservatives" (including the neo-cons) are for free-market principles, a liberal/libertarian sort of idea. But I guess I'm trying to extrapolate conservatism in the social sense (restriction) to the economic side of things.
    5. Re:Even if you aren't disabled by pipingguy · · Score: 2, Funny

      Button: "If you can't see this, click here"

    6. Re:Even if you aren't disabled by nwbvt · · Score: 1

      Well the ADA is a federal law, and the WCAG guidelines are international. Californians may be more likely to sue over accessibility (hell Californians may be more likely to sue for just about everything), but accessibility itself is hardly a California issue.

      --
      Mathematics is made of 50 percent formulas, 50 percent proofs, and 50 percent imagination.
    7. Re:Even if you aren't disabled by MulluskO · · Score: 1

      "How do I block visually impaired users in California?"

      http://en.wikipedia.org/wiki/IP_address AND
      http://en.wikipedia.org/wiki/Captcha
      --

      Too busy staying alive... ~ R.A.
    8. Re:Even if you aren't disabled by leenks · · Score: 1

      Yah. I suppose you can point me at an accurate IP geolocation database too?

    9. Re:Even if you aren't disabled by MulluskO · · Score: 1

      Well, even if it's not accurate, I think it shows you did due diligence. Very much the same as a site asking for a birthday for age verification.

      --

      Too busy staying alive... ~ R.A.
  4. Since this is California... by __aaclcg7560 · · Score: 4, Informative

    I can't wait for a lawsuit against sites that require Internet Explorer to work correctly. Web access should be available to all browsers.

    1. Re:Since this is California... by Anonymous Coward · · Score: 0

      Last I checked, using Firefox isn't a disability.

    2. Re:Since this is California... by Anonymous Coward · · Score: 0

      "I can't wait for a lawsuit against sites that require Internet Explorer to work correctly."

      No need to sue them. If those sites are going to be holding out until Microsoft fixes all the bugs in Internet Explorer so that it works correctly, they aren't going to be doing any business any time soon.

    3. Re:Since this is California... by Anonymous Coward · · Score: 1, Funny

      Lynx users unite!

    4. Re:Since this is California... by doktorjayd · · Score: 1

      I can't wait for a lawsuit against sites that require Internet Explorer to work correctly.

      yeah, but whats more likely to happen is legal wranglings willl coerce the laws to be tortured into mandating that internet explorer MUST be used for ALL browsing. :(

    5. Re:Since this is California... by Anonymous Coward · · Score: 0

      I can't wait for a lawsuit against sites that require Internet Explorer to work correctly. Web access should be available to all browsers.

      As a web developer who recently developed a series of XUL (Firefox dependent) apps for the web, I'd like to say f**k you.

      Mandating provides stability, but kills innovation in favor of "standard" gray solutions. Pick one, you can't have both.

    6. Re:Since this is California... by WK2 · · Score: 1

      The end effect is probably the same. The most cost efficient way to make a web site for seeing and blind users is to follow standards. Accessibility is more than that, but it is the first step. The alternative would be to lazily and crappily code the site for seeing users, and then lazily and crappily code an alternate site for blind users.

      The problem with not following standards is narrow usability. If you can't use a site in Firefox, you probably can't use it in "Browser for the blind" either. I imagine that shoddy code and ignoring standards is what got Target into this mess in the first place.

      --
      Write your own Choose Your Own Adventure. http://www.freegameengines.org/gamebook-engine/
    7. Re:Since this is California... by smellotron · · Score: 1

      Web access should be available to all browsers.

      It's really the other way around. All browsers should implement similar-enough systems so a standard-conformant site is accessible. You can't say "this (html) document must be accessible in all browsers", because there is a potentially infinite set of browsers that are arbitrarily unconformant.

      The web sites themselves should be designed from a baseline of standards-support. Only then should they be customized from there to provide enhanced experiences (e.g. "work around bugs") in the browsers du jour.

  5. Yay lowest common denominator by heinousjay · · Score: 0, Flamebait

    This isn't going to be a popular opinion at all.

    Why is it my job (metaphorically speaking) to ensure those who are disabled can use my facilities? Why isn't it their job to somehow adapt? Is it my fault someone else can't see, hear, walk, or think clearly? Frankly, too bad on them. You got a shitty roll of the dice. Life sucks.

    --
    Slashdot - where whining about luck is the new way to make the world you want.
    1. Re:Yay lowest common denominator by Anonymous Coward · · Score: 0

      The government wants to make every person can do every thing remotely possible given their abilities. That's why, for instance, as a tall person I can go to any car dealership and sit in any car and have the ability to drive it for long distances as capably and comfortably as people of more average height. It would be unfair for car manufacturers to discriminate against me based on my physical limitations and the government makes sure that doesn't happen.

      /sarcasm

    2. Re:Yay lowest common denominator by pwizard2 · · Score: 1

      Why was this modded interesting?

      To nonchalantly alienate part of your site's user base because you can't be bothered to accommodate for them is bad planning and design. On commercial websites, people that can't use the site will go elsewhere (or in this case, sue) and your company could lose some potential sales. Such a problem could easily have been avoided. It isn't as if making an accessible site is difficult.

      --
      "It is a denial of justice not to stretch out a helping hand to the fallen; that is the common right of humanity."
    3. Re:Yay lowest common denominator by realitybath1 · · Score: 1

      Short people can't bend up.

      Taxpayers shouldn't have to subsidize your tall lifestyle choice.

      /cloyingly serious

    4. Re:Yay lowest common denominator by jeevesbond · · Score: 4, Insightful

      Why is it my job (metaphorically speaking) to ensure those who are disabled can use my facilities?

      Because most people believe the disabled have a right to equal access to services as everyone, firstly because those who use assistive technologies have no choice and secondly it's not their fault. Not only that but there's really no excuse for designing an inaccessible site, it's not difficult, in fact in most cases it's easier. Inaccessible usually means Flash/Javascript/IE only sites, which not only stops access for the disabled but for those of us who hate Flash/Javascript/Internet Explorer too, it also implies the Web designer/developer is incompetent.

      There are circumstances where it's impossible to cater for people using assistive technologies: like wheelchair access to listed buildings (not uncommon in Europe) or prohibitive cost for small businesses to provide wheelchair access, I don't think Web sites are one of them though.

      Think of it this way: do you use Firefox? Do you think all Web sites should work given your chosen technology? Or is it your job to somehow adapt to people who only code for Internet Explorer? Is it their fault that you don't use Internet Explorer? Frankly too bad on you. Life sucks. Now imagine someone's showing you that attitude, yet your body is setup such that you can't use anything but Firefox. If you ever go blind from looking at too much Natalie Portman smothered in hot grits I hope you remember your post.

      Back on topic: the biggest problem I see for site owners is CAPTCHA as screen readers can't read the majority of CAPTCHAs out there, everyone had better make sure the system they use allows for a sound file alternative. reCAPTCHA looks like a good service, you get to encode books at the same time as fighting spammers! Personally haven't used it on a project, but did notice the sound file alternative link.

      --
      I'm going to transform myself into a mighty hawk. Either that or I'll just go and work at Dixons, haven't decided yet.
    5. Re:Yay lowest common denominator by servognome · · Score: 3, Insightful

      Why is it my job (metaphorically speaking) to ensure those who are disabled can use my facilities?
      Because society says so, many believe a society is as good as how it treats its weakest people. Not saying I agree, but it is the reason why I have to pay for somebody else's retirement, or for somebody else's kids to get educated.

      Why isn't it their job to somehow adapt? Is it my fault someone else can't see, hear, walk, or think clearly? Frankly, too bad on them. You got a shitty roll of the dice. Life sucks.
      At some point almost everybody suffers a "life sucks" moment, and we create rules to try and fairly take care of people during those instances. If you have a genetic defect, why can't health insurance companies deny you coverage? If somehow you lose your job, why are you allowed to get out of debt by filing bankruptcy?
      Sure life sucks, that doesn't mean society can't help with "reasonable accomodation."
      --
      D6 63 0D 70 89 81 BB 8E 7B 7C 5F 5D 54 EA AB 73
    6. Re:Yay lowest common denominator by chuckymonkey · · Score: 1

      With regards to the internet I agree with you. There is no denying that the internet is a largely visual system, and to say it's not is delusion. With regards to corps, well they have to make their brick and mortar facilities available to the handicapped and that's right, but how do you really honestly make a website available to someone who is blind? Software that reads to words on the screen would be woefully inaccurate since it doesn't really lend itself to telling you where those words are on the screen when you have to follow links and in the case of most websites there are a lot of words present. Now an interesting solution is actually already in place, the Wii. If there were an interface like say the Wiimote for a computer where the pointer would provide feedback to the user such as the edge of the screen, when you touch a hyperlink it rumbles a little, and can provide auditory cues then I think that's great. The one thing with that though is it would have to be standardized so any device would work with any webpage, for the most part it's safe to say that how things are presented on the web are standardized and the responsibility would fall not on the web designer, but on the person to buy the right equipment for use on the internet. That's how I think the issue with this should play out, not with some corp (ye gods I'm defending them) getting sued because a visual system cannot be used by the blind. Let's use a car analogy (yay!), that's like suing the asphalt company because they didn't put brail in the road so a blind person can drive on it.

      Now let's move on to the personal level, where does this stop? Is everyone going to be responsible for making their websites available to the blind? What about all the people out there that make them for their family and friend but if you happen by them you can view them too? Are they accountable for that? For another analogy let's say this would be akin to making sure your house has a ramp so any ramdom stranger that happens to be in a wheel chair can get in.

      --
      "Some books contain the machinery required to create and sustain universes."-Tycho
    7. Re:Yay lowest common denominator by MobileTatsu-NJG · · Score: 3, Insightful

      "Why is it my job (metaphorically speaking) to ensure those who are disabled can use my facilities?"

      I don't really know the answer, but I can offer you some speculation: If you're offering your services to the general public, then you'd be unfairly discriminating against disabled people. (This is assuming, of course, that the changes are reasonable. Ramps leading to the doorway aren't the same as denying wheelchair access to a roller coaster.) Now, that's a little broad/extreme, so I'll water it down a bit. A place like Target sells everyday needs to a broad range of people. If a wheelchair-bound person cannot buy something like toilet paper, they're in trouble. I think the idea is to make the world a little easier on people that have these problems.

      "Why isn't it their job to somehow adapt? Is it my fault someone else can't see, hear, walk, or think clearly? Frankly, too bad on them. You got a shitty roll of the dice. Life sucks."

      Well, I suppose that's one way to look at it. Unfortunately, that's not something you'd be saying if you were stuck in a wheelchair. Those people with a shitty roll of the dice are doing the best they can with the technology available to them to continue to lead a productive life. If common everyday tasks are difficult because a big company like Target didn't spare a little extra expense to resolve the issue, it becomes offensive. "Why is it so frickin hard to build a ramp?! I just want some f'n toilet paper!"

      Okay, that's wheelchair access to a physical property, so that example doesn't work well in this discussion. So what about this particular case? From what I've gathered, they could, without a lot of effort or expense, update their site to work for the blind. They're not doing that. In theory, they could just take their business and move on to Wal-mart or Amazon or something. But the problem is that disabled people have had to fight battles like this for decades. If they don't win something like this, the risk is other companies will ignore them because they're not big enough to be profitable.

      Life sucks for these people, but it doesn't have to. That's the point. When a little more thought goes into the design of a building or a webspace, it makes life easier for everybody, but it also makes life livable for those with disabilities. Life can suck. That roll of the dice can happen to you at any time.

      --

      "I like to lick butts!" by MobileTatsu-NJG (#32700246) (Score:5, Informative)

    8. Re:Yay lowest common denominator by seebs · · Score: 1

      It's not a popular opinion because it's evil.

      It's also, and this may matter more to you, stupid.

      A cooperative society walks all over an uncooperative society. Hint: You will never, not in your whole life, be worth as much to us as Stephen Hawking. We'd rather accommodate him than you.

      --
      My blog: http://www.seebs.net/log/ --- My iPhone/iPad app: http://www.seebs.net/seebsfrac/
    9. Re:Yay lowest common denominator by Anonymous Coward · · Score: 0

      It's called allocating resources efficiently. For instance, even people who spend the extra resources to make their software available for text internationalization do not actually bother to internationalize their software for every language where there are a few (or more) potential customers. Why? It's not worth the effort for them. If someone wants to design a website without spending the time and money researching how text reading software operates or deciding against designing their site to work well with such software (I read in another comment they rely on H1-H6 tags. If so, that's idiotic.), it may well be a smart call - except if they run across asinine laws like this.

    10. Re:Yay lowest common denominator by jeevesbond · · Score: 4, Insightful

      but how do you really honestly make a website available to someone who is blind?

      Google is blind. Are you aware of how many people tailor Web sites for that thing?

      Software that reads to words on the screen would be woefully inaccurate since it doesn't really lend itself to telling you where those words are on the screen when you have to follow links and in the case of most websites there are a lot of words present.

      I have a sneaking suspicion you've never used a screen reader, nor are you a proficient Web designer. Where the text is on the page is irrelevant, as long as the page has good structure: headings, lists, blockquotes, em tags, strong tags etc. a screen reader will be able to read it perfectly well. The Web is for communicating information, text is the best way of achieving that in most cases and where images are used all that's needed are the trivial additions of alt tags to provide a quick description of what the image contains.

      --
      I'm going to transform myself into a mighty hawk. Either that or I'll just go and work at Dixons, haven't decided yet.
    11. Re:Yay lowest common denominator by Anonymous Coward · · Score: 0

      Commenting on this: I can a 2+2 car. Were I short (as well as all my friends) my car could comfortably accomodate 4 people. However, due to my height, as well as the height of my friends (mostly over 5'6" I am incapable of comfortably driving while having passengers in my rear seats (nevermind how uncomfortable THEY'D be if I pushed my seat back to the comfort zone.

      This is an example of that exact kind of compromise. It'll fit either a lot of short people, or a pair of tall people. You can't have everything in life, you have to choose what features mean the most for you, and trade something else for it. Be it your life, your time, your morals, or your ability to read a website (see none-IE users for many years!)

      Just because you have a choice doesn't mean you won't lose another choice as a result.

    12. Re:Yay lowest common denominator by Anonymous Coward · · Score: 1, Insightful

      Well, as the saying goes, some people are more equal than others. I don't know the specifics of the lawsuit, but if this really boils down to "blind person can't use Target's website" I don't think there's really much merit here (not legally speaking, just in principle).

      A blind person not being able to access a website is simply unfortunate, just as it is for, say, a retarded child. It's nobody's fault that they can't use the information being presented. I guess that's the point -- it's *nobody's fault*. And nobody should have to answer to a lawsuit over something that isn't really their fault. I mean, this is slippery slope stuff. Today it's a store website, tomorrow you're being sued because your personal blog isn't 100% compliant with W3C standards on accessibility, that sort of thing.

      So tell me, what happens if you are a Firefox-only user, and you run across a site that only supports IE? Do you sue? Equality in this country has always meant "equal opportunity", which is not a guarantee of anything, it just says that you can't be denied just because of your status. For example, it would be unethical if Target's website popped up a question "Are you blind?" or "Are you Korean?" and then denied you access merely because you answered "yes". But if their website is available to anyone who can make use of it, then they're not discriminating against anyone. What's next is a guy suing McDonald's for not providing kimchee or something, therefore McDonald's discriminates against people who eat ethnic foods?

      Nobody ever said that being blind was easy. Problem in this country is that being handicapped now gives you *entitlement* to special treatment. Thousands if not millions of dollars are spent every year by government and corporations on catering to special needs, which may or may not ever be used. Instead of requiring individual websites to make things readable by the blind, maybe, just maybe, it would be a lot more logical and efficient to ask software providers to write generalized translators that can be used on any website. I can't imagine that such software doesn't already exist. Why don't the blind use that software?

    13. Re:Yay lowest common denominator by Tim+C · · Score: 1

      Why is it my job (metaphorically speaking) to ensure those who are disabled can use my facilities? Why isn't it their job to somehow adapt?

      They are adapting - they use assisstive technologies like screen readers. The law essentially says that you have to meet them halfway, because they can't come all the way to you. Screen readers aren't magic, and they're not string AI, they need pages to be built within certain guidelines or they can't do their job properly.

      As for why the law exists, your attitude and that of others like you is why: because there will always be certain people who simply don't care enough about their fellow human beings to do the right thing.

      Let me turn the question around, and ask this: why do you not want to take a little more time doing your job to help potentially hundreds of thousands of people world-wide live their lives a little more easily? What does it cost you to do this?

    14. Re:Yay lowest common denominator by chuckymonkey · · Score: 1

      Thank you for the info, no I'm not a website designer nor have I ever used a screen reader. I still think that the something similar to the Wiimote has merit though. It would be great if say you defined the boundaries of the screen with a strong rumble, each type of information on the screen be it hyperlink, picture, video stream, audio stream, plain text had a special auditory cue for the remote as well as a lighter rumble that would tell you whether or not you're actually pointing at the link. A person could move the Wiimote over the screen and have an audible tag go off when you hit a hyperlink, one button could tell you what the text of the link was another the page it links to, the same for a block of text, a picture, music, a video stream. Another interesting possiblity is text entry for say shopping, there could be a special cue for when it moves over an entry block and the same use of a button could tell what information is needed in the block. I would love to see something that uses tactile and audio feedback such as the Wiimote on a computer and judging by Nintendo's success with it I even think that it's very possible right now. I'm not saying that it has to be a Wiimote, but the technology behind it is very sound and useful as a haptic system for more than just videogames. There is a whole area that it opens up that hasn't even begun to be explored yet.

      --
      "Some books contain the machinery required to create and sustain universes."-Tycho
    15. Re:Yay lowest common denominator by Smordnys+s'regrepsA · · Score: 0

      Inaccessible usually means Flash/Javascript/IE only sites, which not only stops access for the disabled but for those of us who hate Flash/Javascript/Internet Explorer too...
      I had to stopp right there, because I had an epiphany. Your irrational hate puts you on equal footing with the disabled.
      --
      Just -1, Troll talking to another.
    16. Re:Yay lowest common denominator by Dominic_Mazzoni · · Score: 1

      I think this is potentially a really great idea, especially for content that actually has to be presented graphically.

      However, to a person who's been blind their whole life, the two-dimensional layout of a webpage is often irrelevant. It doesn't matter to them that one button is to the right of another most of the time. It's far easier to find something by name than it is to find it spatially.

      Since you've never seen a screenreader before, check out this video:

          http://video.yahoo.com/video/play?vid=329037&fr=

      It might totally blow your mind to see a blind person fiddling with a preferences dialog or browsing the web as fast as you do; with many years of practice one can learn to understand computer-synthesized speech at several hundred words per minute - about as fast as the average person reads - and with a lot of hot-keys and shortcuts it's possible to navigate pretty fast, too.

      Not trying to knock the Wii idea, it's pretty cool - but definitely understand the current solutions first.

    17. Re:Yay lowest common denominator by Anonymous Coward · · Score: 0

      Your "do the right thing" argument is bullshit. It is exactly this mentality - that everone deserves a "chance" - that has driven this country into the ground. Someone's blind? Boo hoo for them. Suck it up and get it over it already. Yep, you're at a disadvantage - so fucking what? Life handed you an obstacle and you want to cause problems for everyone else because you expect the goverment to hand you everything on a silver platter? That is the highest form of asshattery And you're part of the problem, because this is exactly what dipshits like you have conditioned them to think. "waaaahhhhh, I can't do something and refuse how to learn how to do it myself, so I want the goverment to make everyone else do it for me...waaaahhhh". Get the fuck over it and move on. The whole Americans w/Disabilities Act is probably the single most offensive piece of legislation after Affirmative Action and Welfare.

    18. Re:Yay lowest common denominator by penix1 · · Score: 1

      Thousands if not millions of dollars are spent every year by government and corporations on catering to special needs, which may or may not ever be used.


      I don't disagree with the base premise you have going here but I do draw the line at government. The handicapped are expected to abide by the rules made by their elected officials and as such deserve a say in what those officials do. They can't make an informed decision if the information is denied them. There is no reason technically that a site can't be ADA complaint either and in fact would do the world a load of good if it was. Besides, they pay taxes too and deserve the same level of service from their government that you get.
      --
      This is a sig. This is only a sig. Had this been an actual sig you would have been informed where to tune for more sigs.
    19. Re:Yay lowest common denominator by mwlewis · · Score: 1

      There's a difference between something that is the right thing to do, and something that should be enforced at the point of a gun. I don't think that anyone's arguing that it's a good idea to exclude blind people. They're arguing that the government shouldn't have anything to say about that, at least when it comes to private enterprise. Will the next step be to require alternative languages? Once they start regulating a thing, it just gets easier to do it again.

      We should be very careful before we invite such a thing.

      --
      JOIN US FOR PONG!
    20. Re:Yay lowest common denominator by chuckymonkey · · Score: 1

      The human mind never ceases to amaze me, when people punch the monkey I lose a little faith, when people like that man in the video do what they do I gain a lot of it back. The existing tech is very amazing already, maybe the haptics that I was talking about combined with this existing technology would lower the barrier to entry a little bit, especially for someone who was blinded later in life. Another interesting thing about the haptics when combined with this is that I think children would find it much more fun if it was made to be fun for them. I love what that video showed, it really does blow my mind what we as humans can do and I think using a haptic response system similar to the Wiimote could really enhance what's already in place by providing more sensory depth. Really thank you, I need to get in school and start cracking on my idea instead of lazing around at my already awesome job =P

      --
      "Some books contain the machinery required to create and sustain universes."-Tycho
    21. Re:Yay lowest common denominator by LordLucless · · Score: 1

      Think of it this way: do you use Firefox? Do you think all Web sites should work given your chosen technology? Or is it your job to somehow adapt to people who only code for Internet Explorer? Is it their fault that you don't use Internet Explorer? Frankly too bad on you

      And when I can launch a class-action suit against those websites, your analogy would be accurate.

      --
      Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
    22. Re:Yay lowest common denominator by Watson+Ladd · · Score: 2, Insightful

      And what's wrong with making sure that blind people aren't begging on the streets for food? Because that's what happens if you deny them access to jobs and stores. Do you really want blind people to have to drive to the store because they can't order what they need via the internet?

      --
      Inventions have long since reached their limit, and I see no hope for further development.-- Frontinus, 1st cent. AD
    23. Re:Yay lowest common denominator by Anonymous Coward · · Score: 0

      Because actually doing his job interferes with use of work computers to download p0rn?

    24. Re:Yay lowest common denominator by ilovecheese · · Score: 0

      Well said. When did it become a law / requirement to have a compliant web site? Bullshit like this should have been thrown / laughed out of court the minute the suit was filed.

    25. Re:Yay lowest common denominator by Anonymous Coward · · Score: 0

      What does it cost you to do this?

      You mean besides money and time?

    26. Re:Yay lowest common denominator by tepples · · Score: 1

      There is no denying that the internet is a largely visual system The Internet is a data communication network. IPv4 packets are not visual any more than they are aural. What did you mean instead of "internet" in this claim?

      There is no denying that the World Wide Web is a largely visual system I dispute this too. Visual is one of many modalities in which a hypertext document can be presented, and each modality has its own set of style sheets. For instance, a strongly emphasized span of text (HTML's strong element) may be drawn as bold text on a computer screen or as louder text on a loudspeaker.

      but how do you really honestly make a website available to someone who is blind? Software that reads to words on the screen would be woefully inaccurate since it doesn't really lend itself to telling you where those words are on the screen Speech browsers can tell the user whether a word came before or after the heading that began a section of the document, before or after the beginning of a list item, etc.
    27. Re:Yay lowest common denominator by theaceoffire · · Score: 1

      "Sure life sucks, that doesn't mean society can't help with "reasonable accommodation."" That is just it, it is NOT reasonable. We already have to rebuild our site to work with firefox, internet explorer 6 and 7, opera, etc. Ignoring this, and the fact that we are already expected to make the site look the same across BROKEN browsers, we are now expected to redo everything for people with bad vision... This will get worse if this passes. Next we will need to create a version of the site that can print using a brail printer and get mailed to your house if you think about our site in english, spanish, french, etc. People don't want reasonable accomodation, they want accomodation for them... most don't care about the other users. Since everyone WONT be happy, shouldn't we try to make the majority? Otherwise, we will never produce ANYTHING online, cause we will never finish it.

      --
      I steal signatures. This one used to be yours.
    28. Re:Yay lowest common denominator by ncryptd · · Score: 1

      Now imagine someone's showing you that attitude, yet your body is setup such that you can't use anything but Firefox.


      Too bad for me then. They are under no obligation to make their site compatible with my browser, with my OS, or with my body. None. It'd be nice if their site worked in all browsers, and was perfectly accessible by everyone -- but if they don't want to invest the time into making it compatible, then that's their decision -- not mine.



      Not all humans are equal.



      I'll repeat that, since it's an important concept. Not all humans are equal. Part of living in a mature, free society is learning how to deal with people who are inferior to you, people who are equally as capable as you, and people who are superior to you. Trying to legislate equality (which is what this case really is) is a doomed effort -- people aren't equal, and no law can make them be equal.



      Now the good, considerate thing to do is to make your sites Section 508 compliant. Personally, I check every layout that I produce for Section 508 compliance. Partially because I never know when a blind person might have to navigate the layout -- but also because I've found that Section 508 compliant sites tend to have an edge when it comes to SEO -- search engines love a semantic layout with alt attributes, appropriate headings, and a logical structure. But even if I didn't want to make the site compliant -- that's my choice too.

    29. Re:Yay lowest common denominator by Nofsck+Ingcloo · · Score: 1

      "The Web is for communicating information, text is the best way of achieving that in most cases and where images are used all that's needed are the trivial additions of alt tags to provide a quick description of what the image contains."


      I happen to agree with your premise that the web is for communicating information, but I don't think most people trying to sell something would agree. The bling and color and fonts and position are extremely important to them. The idea that they should try to sell their wares exclusively through verbal persuasion would strike them as lunatic.
    30. Re:Yay lowest common denominator by macurmudgeon · · Score: 1

      What if websites had to meet 508 accessibility standards? Why they might actually have to be created be designers/developers with a clue. The sites might also get more usable in the process, benefiting all of us.

      Actually in the larger corporations it often isn't the technical people who are clueless it's upper management that is more interested in scraping the last little bit of profit out of the website and deliberately making it less usable. Add that influence to the marketing people who are more interested in Flash and sizzle than in usability. Knowing some corporate IT people, I can see a lot of them being happy about the possibility of lawsuits forcing management to insist on making sites accessible.

    31. Re:Yay lowest common denominator by smellotron · · Score: 1

      ...the fact that we are already expected to make the site look the same across BROKEN browsers...

      Whoever said the site needs to look the same? Your boss? Customers don't care about the relatively minor differences between major browsers with standards-compliant markup. They aren't going to do side-by-side cross-browser comparisons before they purchase. They just want the site to be easy to use, and at least structurally similar between different browsers. That's very easy for a professional web developer (which surely a company like Target can afford tens of).

      If your boss is the one requiring pixel-perfect matching and "latest and greatest" technologies like Flash for core functionality, then your organization is at fault. Don't blame the rest of the world for your company's bad technology management.

    32. Re:Yay lowest common denominator by tfiedler · · Score: 1

      Honestly, I find Hawkings work interested but really, relevant, or more specifically, that it makes him any more valuable as a person? I don't think that 99% of the 6+ billion people in this world give a rats ass about his work or find him more valuable.

      --
      Democrats and Republicans are like AIDS and Cancer, I want neither!
    33. Re:Yay lowest common denominator by firewood · · Score: 1
      If common everyday tasks are difficult because a big company like Target didn't spare a little extra expense to resolve the issue, it becomes offensive. "Why is it so frickin hard to build a ramp?! I just want some f'n toilet paper!"

      The problem is when the money that is required to be spent on those ramps could have been used more efficiently some other way (perhaps hiring servants for those N people in wheelchairs in the area would have been cheaper), or for some other more beneficial purpose (perhaps the cost of the ramps for N people in wheelchairs could have been spent on delivering stuff to N+1 people who aren't able to leave home at all), etc.

      It's a tax that may not be proportionate to the benefit to society as a whole, especially when other greater benefits might be available for the same tax.

    34. Re:Yay lowest common denominator by vidarh · · Score: 1
      Frankly, if you have to "redo everything" for people with bad vision, the web developers or the managers or both are grossly incompetent. Making a site accessible is fairly easy, and in fact if you adhere to good design principles and follow standards you're already 95% there.

      And while you are right a lot of people want "accomodation for them", the law (the ADA for example) just require you to make "reasonable effort" for people with disabilities.

    35. Re:Yay lowest common denominator by Oracle+of+Bandwidth · · Score: 1

      How about this, you requested a stream of bytes over port 80, and I don't care what you do with them once they are out of my server, but they happen to be interpretable in a meaningful way to several popular programs. Now someone comes along and demands I change the bytes coming out of my server to be interpretable in a meaningful way in another program at my expense. I cannot possibly have freedom of the press if I cannot choose to send out the bytes I please from my own web server. Isn't this analogous to passing laws telling newspapers they cannot use certain type faces because reading machines don't parse them well?

    36. Re:Yay lowest common denominator by Dun+Malg · · Score: 1

      Do you really want blind people to have to drive to the store because they can't order what they need via the internet? Is that not what they did a decade ago?
      --
      If a job's not worth doing, it's not worth doing right.
    37. Re:Yay lowest common denominator by StikyPad · · Score: 1

      I don't think blind people should be driving anywhere, but that's just me.

    38. Re:Yay lowest common denominator by lena_10326 · · Score: 1

      Why was this modded interesting?

      Because someone found it interesting.

      --
      Camping on quad since 1996.
    39. Re:Yay lowest common denominator by MobileTatsu-NJG · · Score: 1

      "(perhaps the cost of the ramps for N people in wheelchairs could have been spent on delivering stuff to N+1 people who aren't able to leave home at all)"

      Erm... I see two problems with that. First, how do you divvy up which company donates how much? In the case of building ramps, it's clear how much should be spent, and they're in charge of who builds what and what they spend on it. Second, Target builds the ramp, and it's done. But if they pour in money to help with the suggestions you've put forward, it never ends.

      --

      "I like to lick butts!" by MobileTatsu-NJG (#32700246) (Score:5, Informative)

    40. Re:Yay lowest common denominator by russotto · · Score: 1

      To nonchalantly alienate part of your site's user base because you can't be bothered to accommodate for them is bad planning and design.


      Certainly not. If I'm alienating 0.5% of my user base by not accomodating them, and to accomodate them would double my costs (not an unreasonable number, considering you'd more than double _testing_ time of the website, having someone go through with a screen reader and make sure it all works), that's a reasonable trade-off.
    41. Re:Yay lowest common denominator by kajumix · · Score: 1

      Don't you think a society can choose to be cooperative without the mandate of the law? Imagine there was no ADA and that the parent poster's opinion was in fact very popular then what would your course of action be? You can't get a law passed to mandate accessibility because being in a democracy, the popular opinion would hold. In a free society, you'd be able to start an organization (think Salvation Army, think Red Cross, think all the private charitable organizations) and start a movement to educate people and get donations from like minded people to help out people with disabilities. Imagine that your organization grows to become really large with significant amount of donations from people who are willing to help. Which society is more cooperative? Where people are willing and free to help, or the one where they are forced to be generous by law?

  6. Why target Target? by Xero_One · · Score: 1

    Is it because they're an easy Target?

    In a true Slashdot fashion I didn't RTFA, but I did look at the Target website. To me it does seem like a run-of-the-mill e-commerce type of website. Granted, there's too much flash for my taste, but the question remains; why Target?

    Are they that easy for the lawyers to aim at?

    Seriously though, as someone that's not physically handicapped in any way, I don't see what's so bad about this site. Is it just to set a precedent for similar sites?

    1. Re:Why target Target? by Dominic_Mazzoni · · Score: 1

      If you're curious how a blind person "sees" a website, this will give you a pretty good idea in Firefox:

      1. Preferences -> Content -> uncheck Load Images Automatically; optionally turn off Flash also.
      2. Load the page (target.com)
      3. View -> Page Style -> No Style (turns off CSS)

      Actually target.com is a little better now than before they filed the lawsuit, but you can still see some really confusing things, like a bunch of images that link to something but without alt tags. And apparently some of the other pages deeper within Target are still inaccessible.

    2. Re:Why target Target? by nwbvt · · Score: 1

      I took a brief look at it from the standpoint of a former web developer who had to deal with a lot of accessibility defects, it does look like they have a long way to go. Missing alt attributes for images, bad label elements, much of the navigation was based on images, it would be very difficult for a screen reader to pick them up.

      It is perfectly possible to have a neat looking webpage while still being accessible, it just requires to make alternative constructs for the screen readers to go by (they can be hidden to sighted users who are just browsing the page). So the fact that it looks like a normal website to you doesn't matter, an accessible page can very easily look like a run of the mill commercial site as well. This isn't like the brick and mortar world where "handicap accessible" means restricting access to the nearest parking spots or having ramps all over the place.

      --
      Mathematics is made of 50 percent formulas, 50 percent proofs, and 50 percent imagination.
  7. Target might do something surprising by rastilin · · Score: 2, Interesting

    How long until Target figures out that very few people actually use their website compared to the trouble of all these lawsuits. As has been mentioned by other posters, it's quite possibly a browser config and interpretation issue. So, these lawsuits might never stop, so why not just block all access from these IP ranges?

    There are incidences of mass lawsuits invoking the disabilities act even against stores which comply with it. It's not something that you can feel happy defending against and odds are that you're missing at least something somewhere, as such, it's not entirely unprofitable for the people doing it. It's not that I'm saying Target should be excluded from following guidelines, their website seems pretty unusable if you're disabled, but I am reminded by a lawsuit I'd heard about previously "hearing impaired sue Quantas for unusable phone booking system". Considering it would be infinitely easier to order from stores which ARE accessible, this screams of a shameless cash grab.

    --
    How do you kill that which has no life?
    1. Re:Target might do something surprising by nwbvt · · Score: 1

      "As has been mentioned by other posters, it's quite possibly a browser config and interpretation issue."

      Those other posters are wrong. There are clear guidelines for how web applications are supposed to be written which every web developer needs to be aware of. Using <label> elements to identify input elements, using alt attributes to describe images, etc. And not only do following those guidelines help disabled users, it helps all users use your application in a more predictable and easy to understand manner.

      --
      Mathematics is made of 50 percent formulas, 50 percent proofs, and 50 percent imagination.
  8. how hard can this be? by Doppler00 · · Score: 4, Interesting

    I mean, aren't all online retailers doing exactly the same thing? Selling stuff. You have a database of stuff. Different fields, etc... you just plop them in a template. So you have a regular website template and one for disability. Is that so hard? The only problem is, that people don't think about these things upfront and it leads to bad design.

    Which makes me think, do they have standards documents for creating a disability accessible website? What all is involved? And what about amazon's "look inside" function? There is no way a text to speech algorithm can read those books because they are images.

    1. Re:how hard can this be? by seebs · · Score: 2, Informative

      Yes, there's standards. They're probably imperfect, but this stuff is not hard; Target's got things like graphical buttons with no alt text, where the graphic is just a picture of some words. VERY easy to fix.

      --
      My blog: http://www.seebs.net/log/ --- My iPhone/iPad app: http://www.seebs.net/seebsfrac/
    2. Re:how hard can this be? by PietjeJantje · · Score: 5, Informative

      >So you have a regular website template and one for disability. Is that so hard?

      This seems to be a leading theme, presumably by people who do not make sites or make sites that don't work well with disability. The company I work for actually built a site for a foundation for blind people, and they provided a test panel to go through the motions, and a whole set of guidelines to go with it. Let start by saying it isn't just throwing another template at it. If you think you're coding in standards, nice div's and CSS all, and that it just requires throwing a template at it with less bling, think again. Essentially the "problem" is readers, and you'll have to cater for the basic, anal reader html parser. A whole lot of tags you thought were ok, suddenly turn out to be wrong, such as BR. The whole navigation design and design in general will fail, because it's not much fun going into a page for content and being read 50 links first. The whole way of logically setting up text areas and making sure it flows takes a lot of reconsideration. The testing and debugging takes a lot of time, and you -will- bumb into issues you just plainly did not consider because you are simply not blind. Then there's the CMS, and its users should not be able to break any of this. I can go on, but all in all it took about 150% of the time web site builders normally put in a site, complete with "basic" template. That is, if you want to do it 100% right.

    3. Re:how hard can this be? by kaidadragonfly · · Score: 1

      I was under the impression that "br" was generally considered a bad and non-semantically meaningful tag. I was also under the impression that sites coded to a standard like XHTML are rather easy for screen readers to interpret, though this is just what I've gathered from reading places like A List Apart.

    4. Re:how hard can this be? by CodeBuster · · Score: 1

      Is it fair to ask why the web developers must shoulder all of the burden for these costly redesigns? How about the screen reader/html parser developers improving their products so that they can better read modern websites? A fair question I think.

      The ADA is an important piece of legislation yes, but at some point the level of accommodation required by these lawsuits could be deemed unreasonable. The ADA was supposed to prevent cases of zero or unreasonable accommodation, but the lawyers have turned it into a civil lawsuit extravaganza for any business which does not bend over backwards and move mountains, whatever the cost and damn the torpedos, to meet their arbitrary opinion as to what is "reasonable". We have had a cases here in California where unscrupulous lawyers and their disabled "client(s)" make a business of traveling around and shaking down mom and pop business for ADA violations, even when the mom and pops promise to make reasonable changes (i.e. it is about the money and not access for the disabled). The idea is sound and even noble in principle, but like so many other laws with good intentions the ADA has been abused by lawyers who are more interested in lining their pockets than in actually helping the disabled.

    5. Re:how hard can this be? by mike2R · · Score: 1

      I agree, it is incredibly easy to do compared to, say, disabled access in a physical store. You don't even need multiple templates for most sites - just get your alt tags right and avoid using javascript navigation and you're 90% there for most sites.

      The things is that this is also pretty much what you need to do for basic search engine optimisation, so building an (at least reasonably) accessible site will benefit you directly.

      The problem as I see it is that the disability groups who are pushing this don't actually know anything about web accessibility - they're gearing up for a legal fight not realising that they're pushing at an open door if they could only do a bit of advocacy work.

      What's the result of going the legal route? Big companies and state entities will comply of course, but these are the organisations that will provide multiple ways of contacting them anyway - all a blind person will really get is the right not to have to pick up a phone. Small sites (ie the majority of the content, products and services which are only available online) will be under the radar on this. There's too many to sue and they don't have any money anyway.

      So while the disability rights groups may have a solid case why accessibility should be legally mandated, IMO they'd get much better results much quicker if they'd try to convince/teach the average webmaster to do basic SEO work, and pick up an accessible web as a byproduct.

      --
      This sig all sigs devours
    6. Re:how hard can this be? by Anonymous Coward · · Score: 0

      It's not all that hard, but you do cut out a lot of functionality if you follow the guidelines (e.g. no asynchronous javascript calls returning data).

    7. Re:how hard can this be? by Anonymous Coward · · Score: 0

      As a web developer who does take pride in doing things properly, I welcome the additional burden on web developers. I have seen a massive glut of so-called "web developers" who think putting a site together is nothing more than throwing some tables into their favourite WYSIWYG tool of choice. These people are not developers, and for them to claim as such is to dilute the market for good, standards-, accessibility- and usability-aware developers.

      It's demoralising to the good developers to be tarred with the same brush as these people, and it hits them financially too, since most companies don't perceive the difference and will go with the cheaper options. Maybe if more companies start to feel the pinch from these kind of lawsuits, they'll realise the importance of doing things the right way and pay more heed to those of us who have been telling them for years that this was important...

    8. Re:how hard can this be? by Anonymous Coward · · Score: 0

      I think you're right that the disability rights people need to do more to educate on these matters.

      I disagree with you on the lawsuit issue. I think it's a good thing purely because I have worked for enough global companies with a devil may care attitude towards accessibility to know that hitting them financially (and at the same time generating bad publicity for them) *is* the only way to make them sit up and take notice. That's not to say I want to see every inaccessible site brought to its knees by this - it will be sufficient to have a couple of cases set precedent so that companies at least treat accessibility as important when they come to look at a redesign (at which time the additional cost to ensure accessibility is negligible).

      Anyway, I digress, what I wanted to say was that it has to be a two-pronged attack. The lawsuit is required to put this issue on company radars, but without education, no number of lawsuits will solve anything. There are too many developers who don't understand the issues disabled users face, and too little information about how to solve those issues. Most of the articles online are written by other web developers making a "best guess" at what the issues are; they are to be commended for making the effort, but we need more input from people who suffer the disabilities, more freely available articles and tutorials, sponsored by disability rights groups and validated by disabled users. Make the information so freely abailable that no developer can reasonably claim they didn't understand the issues and in doing so you make it much easier for companies to find developers with the skills required to fix these sites.

    9. Re:how hard can this be? by Anonymous Coward · · Score: 0

      Most of the articles online are written by other web developers making a "best guess" at what the issues are; they are to be commended for making the effort, but we need more input from people who suffer the disabilities, more freely available articles and tutorials, sponsored by disability rights groups and validated by disabled users.

      Amen
  9. Good for F/OSS Browsers? by Zombie+Ryushu · · Score: 1

    I wonder what this will mean to all those Flash only and ActiveX Heavy sites out there that look like garbage on the screen will be legally mandated to clean the page up?

    Conversely, could this be used to push some Ultra-proprietary Screen reader technology only Windows Supports by adding elements that would make FireFox and Konqueror unusable?

    What will the outcome be? Is this the sum of all fears?

    1. Re:Good for F/OSS Browsers? by delinear · · Score: 1

      The way I see it, ensuring sites comply with the existing accessibility standards/guidelines is the job of the developers/companies. Ensuring that the screen reader works with websites built to those standards is the job of the screen reader producer. If a site follows all the guidelines, it can't reasonably be sued because it doesn't work with some proprietary reader which ignores or cherry picks those guidelines; conversely, if a site is designed to work specifically with only one proprietary reader and ignores the guidelines in order to do so, the company is culpable.

  10. Normal users too have problems also. by TechwoIf · · Score: 1

    I have seen many web sites with too small text and have to hit Ctrl-+ to increase the font size. Even if the font size is set large on my end. Too many web site are hard coding the font size and nearly all linux distros follow the DPI that is returned by the plug and play monitor/LCD. So setting the point size to 8 on a 120 DPI monitor will make it unreadable. And for those hard of sight, totally unreadable.

    1. Re:Normal users too have problems also. by jbengt · · Score: 1

      "Too many web site are hard coding the font size . . . "

      Since I've been getting older and my eyes weaker, this has bcome a pet peeve of mine. The main reason I love Firefox on my laptop compared to the IE6 I'm forced to use at work is the ability to hit ctrl+ to make text readable - when the web site actually lets it work!

    2. Re:Normal users too have problems also. by JoshJ · · Score: 2, Informative

      Firefox also has a nifty feature that lets you set a guaranteed Minimum font size- anything smaller than, say, 12 points can be preemptively forced to 12 points.
      Edit-preferences-content (tools-options-content on windows)
      Under "Fonts & Colors" click advanced
      Set your minimum font size.
      Alternatively, in about:config, you can edit font.minimum-size.x-user-def (and anything else that happens to be under font.minimum-size.)

    3. Re:Normal users too have problems also. by delinear · · Score: 1

      The correct font-size is a purely subjective issue. It's not an issue where you can cater to the lowest common denominator - the designer might like a snappy little 10pt font size, you might prefer 12pt, someone really visually impaired might need 16pt. Should we therefore enforce a minimum size of 16pt? What about people who are long-sighted and have difficulty reading large type?

      The important thing is not the base font size used in websites, but that those sites allow for resizing text (both in terms of the styles - e.g. using pts or ems instead of pxs so resizing works in IE6 AND in terms of layout, so resizing doesn't break the snazzy design and render the site unusable by, for instance, forcing important content outside the viewable area).

    4. Re:Normal users too have problems also. by TechwoIf · · Score: 1

      Font size should be relative, like or not a specific size. The web designer should base the fonts off the default size on the client browser and increase and decrease it, not override it. So one client can set default font size of 10 and another can set default size of 18 and the web site will work on both IF it uses relative size changes.

  11. Solution: by physicsphairy · · Score: 1

    Blindness is not a disability, it is a superpower!

    I should totally be made a (highly-paid) part of their blood-sucking legal team.

  12. just crowdsource it by Anonymous Coward · · Score: 4, Informative

    http://pornfortheblind.org/ is doing this with pornography sample clips already, the basic idea should apply to any site.

  13. This smacks of bullshit... by msimm · · Score: 5, Insightful

    I'm getting more and more tired of both the liberals and the neo/publicans and all their fucking bullshit. What ever happened to that free market shit we were fed along with the 'land of the free' garbage? If you don't like something vote with your wallet. Don't fucking sue everything that makes your life a little more difficult. No-one *has* to use Target. No-one has to use a website they don't like. I think it's fucking lazy and shows this stupid sense of entitlement we seem to feel. Instead of supporting something better we try to coerce it into being the way we'd like. How fucked up is that? That's the kind of shit you do with your government, not your fucking lawn-chair supplier. Meanwhile we stew in a broth of litigious shit as our real freedoms are sold right out from under us.

    --
    Quack, quack.
    1. Re:This smacks of bullshit... by Anonymous Coward · · Score: 5, Insightful

      Don't be an idiot. Do you think stores would build wheelchair ramps just to make a few extra dollars from the few people with wheelchairs who shop in their stores? Of course not. The inevitable result of the free market would be no stores having wheelchair ramps, because the market is too small to be worth it. And as a result, nobody with a wheelchair would be able to shop. We protect minority disability groups because it's more important that they be able to live life than that stores have complete and unregulated freedom to maximize their profit.

      If Target makes 0.1% more profit this year, no one gives a crap. But if one million Americans who can use a wheelchair are suddenly able to live their lives, this makes a significant difference in the world. (And yes, blindness and business websites can be considered the same as wheelchairs and physical buildings, hence the analogy.) Leave your idealistic philosophy at home and consider the real-world impact of your ideas.

    2. Re:This smacks of bullshit... by Antique+Geekmeister · · Score: 5, Insightful

      I know. Let's open a white people only restaurant, and let people vote with their wallets whether they are willing to eat there.

    3. Re:This smacks of bullshit... by SnowZero · · Score: 4, Insightful

      sorry, I don't post to cowards It's your loss. In this case you might as well wave a white flag.
    4. Re:This smacks of bullshit... by Anonymous Coward · · Score: 1, Insightful

      Seriously, why not? If people believe that it's wildly inappropriate, people won't go there. Hence, they won't get an income and hence they will fail. Free market.

    5. Re:This smacks of bullshit... by msimm · · Score: 2, Insightful

      And I bet your white, speaking up for the 'little' people eh? I'd say sure. Open a fucking racist restaurant. I won't go there, my friends won't go there, I won't shed a tear if the owners are harassed or otherwise have problems with business. But I don't feel obligated to run around like some moral fucking nanny. Look around you. Your not making the world a better place. Maybe it's time we stop worrying about all these little details that sap so much of our focus and actually, I don't know...do something of value. I think we've lost our social cohesiveness in a reactionary sea of self-righteousness. And *that's* dangerous. The new immorality is indifference. Because we change things not because we care. Not because it impacts us. But simply because we believe that we should. We are good because we have to be, or we feel we should be. But we should want to be and you'll never get that if you allow a society to sleep-walk nearly catatonic and high on their own sense of self-righteousness.

      --
      Quack, quack.
    6. Re:This smacks of bullshit... by blackest_k · · Score: 1

      Catering to the needs of disabled people isn't only a choice, its usually backed by legislation. There are lots of modifications in place to benefit wheelchair users / mothers with prams and buggys. crossings tend to have a different paving texture making it easier for blind people to locate.

      Is this unreasonable to try to ensure disabled people get a similar quality of service to able bodied people?
      Isn't it written into the constitution that its illegal to discriminate?

      Now don't you think it would be reasonable for Target to make their website accessible to all their customers. You can make websites accessible for disabled users and Target should make modifications to their site. If only to avoid the bad publicity it makes good business sense.

      This case is important not because of Target, but to highlight the issue for other sites. Is Slashdots website design accessable for disabled people for example? more importantly is yours?

      What elements enable disabled users to make better use of a site and what create barriers to use?
      These are important things which we have an opportunity to discuss.

      It was a big deal when websites were blocking access to users of browsers other than IE and most sites have changed and there was a choice for most users, disability isn't a choice.

      On a positive note microsoft seem to have got something right with Vista, greatly improved accessibility options built in including decent voice control.

      Discriminating against part of your society because you ignore their needs is very wrong. Those of us who do get to grow old may well become disabled too. That includes you too maybe ?

    7. Re:This smacks of bullshit... by artifex2004 · · Score: 1

      I know. Let's open a white people only restaurant, and let people vote with their wallets whether they are willing to eat there.


      You're joking, but.
    8. Re:This smacks of bullshit... by oddfox · · Score: 1

      But I don't feel obligated to run around like some moral fucking nanny.

      That's really good to hear, because it sounds like you have a lot of growing up to do before anyone in their right mind would think you had any morals, judging from the ranting and raving you're doing about enforcing laws that are simply there to force companies to not ignore citizens with disabilities. These laws are in the same boat as the ones that force companies to not ignore citizens who happen to be of a certain race or ethnicity.

      Because we change things not because we care. Not because it impacts us. But simply because we believe that we should. We are good because we have to be, or we feel we should be. But we should want to be and you'll never get that if you allow a society to sleep-walk nearly catatonic and high on their own sense of self-righteousness.

      I really hope you don't end up getting disabled in some manner of accident and being at the mercy of some jerk like you who thinks things like the Americans With Disabilities Act is pointless because they don't directly affect you.

      --
      "We invented personal computing." - Bill Gates
    9. Re:This smacks of bullshit... by shutdown+-p+now · · Score: 1

      Why not?

    10. Re:This smacks of bullshit... by Synonymous+Bosch · · Score: 1

      Or, we could sue Microsoft for making Vista awkward to navigate - you don't have to be blind to have trouble with that one.

    11. Re:This smacks of bullshit... by cheater512 · · Score: 1

      As someone who will eventually go blind (genetic disorder), I disagree with you.
      This lawsuit is pretty good. It might actually make the web a better place.

      While voting with your wallet works to a certain extent, 99.9% of companies would never willingly cater to disabled people especially blind people.
      Is it really that difficult to make a website which works properly?

    12. Re:This smacks of bullshit... by Antique+Geekmeister · · Score: 4, Insightful

      Goodness. Next thing you know, you'll have us being "separate but equal". When stores or institutions as large as Target violate the ADA or practice racist or sexist policies, it affects the whole neighborhood or the whole industry.

      And yes, I wheel crippled people to restaurants and to doctor's appointments, I've taught blind and deaf relatives both practical matters and technical ones. Failure to make reasonable concessions to accessibility cuts them off from social, economic, and political opportunities. It's penny wise and pound foolish: a store as large as Target, which dominates the commerce in entire towns or neighborhoods, bears a legal and social responsibility to serve that entire community.

    13. Re:This smacks of bullshit... by Antique+Geekmeister · · Score: 1

      What made you think I was kidding?

      I've lived in racist enough places, and worked in sexist and racist enough industries, that such comments from the under-skilled, overpaid, privileged punks who benefited from the instituionalized racism. Such comments don't come from the skilled people in their fields: they come from the people who want to skate by on their "people skills".

    14. Re:This smacks of bullshit... by vertinox · · Score: 1

      If you don't like something vote with your wallet.

      They are voting with their wallet. They are using it to vote via their lawyer.

      But seriously... So you are saying that your worth and rights as a human being are determined by how much money you have?

      I mean... I could vote with my wallet but it won't change anything other than I'll be sitting at home a lot without electricity, books, electronics, food, gas in the car, or even clothes that aren't falling apart.

      I suppose in the end, if I really wanted to vote with my wallet I could become a Buddhist monk and reject all worldly possessions (hey its not a bad idea) because the majority of economics is slowly becoming monopolistic. I can't choose my electric company, my local phone company, my local ISP, my only 5 cell phone providers who are all priced the same and give the same customer service. Wal Mart and Target are basically the same and they are driving all the mom and pops out of business who even if I voted with my wallet still would go out of bussiness.

      Hell... When buying video games and comics, I go to the local stores. I don't know if it really helps, but its more of a "take that corporate America!" rather than doing any real difference. So no... Voting with your wallet doesn't work (unless you have a wallet that has millions in it), but paying lawyers and creating large fuss on the internet does.

      I don't like it anymore than you do, but its just the way things are.

      You can chastise people for using lawyers to get their way, but thats not going to do any good. You'd have to pay your own lawyer to fight the system in order for them to stop doing such things. Again... That's still technically voting with your wallet.

      --
      "I am the king of the Romans, and am superior to rules of grammar!"
      -Sigismund, Holy Roman Emperor (1368-1437)
    15. Re:This smacks of bullshit... by msimm · · Score: 1

      Nice try. Everything effects me. I'm destined to become old and infirm and there are not guarantees of health in the interim. But keep this in perspective. I won't cry if I found problems with the Target website, I will use and support one which supports me and I'll encourage my friends and family to do so. The state isn't here to dictate my conscience. And that's what I see we are losing when when we confuse rights with right. We end up with words, outrage without action and worse of all, complacence.

      --
      Quack, quack.
    16. Re:This smacks of bullshit... by siriuskase · · Score: 2, Insightful

      In fact, the inaccessable website is even more of a problem, since, as a sighted user, I wouldn't be aware of the problem and need blind people and others to make me aware by the use of lawsuits and other communications. Lawsuits are cheaper than an ad campaign. A shopper who walks rather than rolls notices steps even if they can deal with them more easily, but I don't notice nonconforming websites unless I'm looking for problems.

      When an affected group is as small as the population of blind online shoppers, the natural boycott by only that group is meaningless, especially if they aren't shopping there to begin with. The ADA is an amplifier for small groups to bring access problems to the attention of others so they can change or help or anything that they wouldn't know or want to do otherwise.

      --
      If you must moderate, please moderate as irrelevent, not something bad, because I'm sure someone will find this interest
    17. Re:This smacks of bullshit... by that+IT+girl · · Score: 1

      I'm going to have to agree. People are too easily offended and way too quick to sue these days. Suck it up, grow a pair, and quit whining about every little thing you don't like. Remember back when children were taught that life isn't fair? I know I was. I guess kids these days are taught that life is supposed to be fair, the government makes everything fair, and you can sue anything you don't like. And this isn't about wheelchair ramps or anything, this is a website that doesn't happen to be designed a certain way. If you don't like it, shop somewhere else. If they lose enough business, they will change. Meanwhile, anything that can be bought at Target can also be bought elsewhere.

      --
      10 FILL MUG WITH COFFEE
      20 DRINK COFFEE
      30 GOTO 10
    18. Re:This smacks of bullshit... by Anonymous Coward · · Score: 0

      But you miss the point of free markets. So lets say your view of reality is true, I would offer it would be temporary in a free market. Why you ask? A free market would allow entrepreneurs to seize the opportunity to invent and market solutions that would allow the disabled to move more freely where they wouldn't need those damn clunky wheelchairs. I think we have done a disservice to the disabled by not letting free markets reign. Free markets drive innovation and creation because people want to be successful.

    19. Re:This smacks of bullshit... by tsm_sf · · Score: 1

      Your tears are like milk.

      --
      Literalism isn't a form of humor, it's you being irritating.
    20. Re:This smacks of bullshit... by ChrisMaple · · Score: 1
      Most Targets are single story, ground level.

      From another vantage, consider that ultimately, you are forcing the owners of businesses to build wheelchair ramps at gunpoint. This is what you consider justice?

      --
      Contribute to civilization: ari.aynrand.org/donate
    21. Re:This smacks of bullshit... by mjorkerina · · Score: 1

      Yeah right and you didn't mention the price of those "wheel chair replacement" utopia you're speaking of. If most disabled cannot afford it it's basically useless. I don't even think such a thing will exist in my lifetime. And i'm only twenty.

    22. Re:This smacks of bullshit... by Anonymous Coward · · Score: 0

      More and more regulation being applied at the Federal level hasn't solved the issue yet. Free markets work, and as long as the Federal government continue to stifle the possibility of a free market it won't happen. You speak of high prices, the point of a free market is that someone will come out with cheaper product in the end because they want theirs bought and not the other guys.

    23. Re:This smacks of bullshit... by UncleTogie · · Score: 1

      Instead of supporting something better we try to coerce it into being the way we'd like.

      The reasonable man adapts himself to the world; the unreasonable one persists in trying to adapt the world to himself. Therefore all progress depends on the unreasonable man. --George Bernard Shaw

      Damn straight I'm going to try to force positive changes.

      --
      Don't tell me to get a life. I'm a gamer; I have LOTS of lives!
    24. Re:This smacks of bullshit... by Anonymous Coward · · Score: 0

      The inevitable result of the free market would be no stores having wheelchair ramps, because the market is too small to be worth it. And as a result, nobody with a wheelchair would be able to shop.

      Well, firstly, that's not true. A 'chaired person could simply have a non-charied person pull their chair up the one or two staps. (Face it, most 'ramps' just go from the parking lot to the sidewalk, for one or two steps total).

      Secondly, a 'chaired person could have someone else do their shopping.

      3) The Government is not the only way to force a change. I'm sure it would only take a few 'chaired people crawling out of their chairs and into the store (in front of media cameras, of course) to make the store put in a ramp.

      But if one million Americans who can use a wheelchair are suddenly able to live their lives, this makes a significant difference in the world.

      No- it makes a significant difference to the people in wheelchairs. I'm not affected in the slightest.

    25. Re:This smacks of bullshit... by krunk7 · · Score: 1

      Maybe it's time we stop worrying about all these little details that sap so much of our focus and actually, I don't know...do something of value.

      Maybe because the last time we tried that an entire race of people were enslaved and oppressed. And before you suggest that we oh so much more enlightened now, try and remember that the same folks who perpetrated these crimes against humanity are still alive and well. Some are even in positions of power in our country.

      Fortunately, there are also a fair representation of the people who fought to end that black mark in our countries history.

      The reason we have laws like this is because when the good people stop worrying about the details, the ass wipes that would love to write off people of different ethnicities and disabilities never give up.

    26. Re:This smacks of bullshit... by Beyond_GoodandEvil · · Score: 0

      The reasonable man adapts himself to the world; the unreasonable one persists in trying to adapt the world to himself. Therefore all progress depends on the unreasonable man. --George Bernard Shaw
      Damn straight I'm going to try to force positive changes.

      The road to hell is paved with good intentions.

      --
      I laughed at the weak who considered themselves good because they lacked claws.
    27. Re:This smacks of bullshit... by iamacat · · Score: 1

      I totally agree that Target should be made to both install wheelchair ramps and to have a fully accessible text-only/semantically annotated version of their website. The question is, should I be forced to do the same thing with my home business. If so, it will never take off the ground as I don't have $100K to build an elevator to my home office or make my restrooms wheelchair-accessible. Neither do I have money to hire blind or color blind to test my website or buy expensive accessibility software/hardware for QA. Given that handicapped are a niche market, they would be shooting themselves in the foot (if applicable) by destroying small businesses and setting up rules that only corporate giants can follow.

      Let's at least limit the money that a business has to spend on accessibility to some percentage of it's income.

    28. Re:This smacks of bullshit... by Anonymous Coward · · Score: 0

      I think what he's saying is that instead of suing Target or whatever business you have a problem with, you should be writing to you senators and requesting what you want. ADA stuff is following because it's law. Websites weren't around when it was first created, so they were probably not covered. Maybe I'm wrong about them not somehow being covered, but the government would be the group to say what legally needs to be handicap compliant. Lobby your government if you have a problem, write the company if you have a problem, and don't give them your business, but suing isn't always the right course of action.

    29. Re:This smacks of bullshit... by Anonymous Coward · · Score: 0

      The free market ignores minorities. Post again when you get out of high school, you might understand this better.

      Also, stop listening to Ann Coulter, she's actually an idiot.

    30. Re:This smacks of bullshit... by Baerinin · · Score: 1

      Unsurprisingly, regulation hasn't helped the issue, true. However, the GP point is valid: if the new technology is too expensive then the affected group will not purchase this innovative new product.

      Taking the patent system into account, less expensive alternatives would have to avoid the work of their competitors, and in doing so will have to face higher R&D costs. Since the potential applicability of this device is aimed at a niche market, competitors would be less likely to enter the market. As such, prices would remain high, and these people will continue to use the less expensive, less capable devices that they can afford, and the industry will continue to stagnate.

      Due to the relatively small number of people who require wheelchairs, most companies would not find this to be a profitable venture, and profit is a strong driving force in the free market.

      --
      Genius can write on the back of old envelopes but mere talent requires the finest stationary available. -D. Parker
    31. Re:This smacks of bullshit... by innocent_white_lamb · · Score: 2, Insightful

      I totally agree that Target should be made to both install wheelchair ramps and to have a fully accessible text-only/semantically annotated version of their website. The question is, should I be forced to do the same thing with my home business.
       
      How is it fair that they should be made to do something at great expense and inconvenience, and you should not?
       
      Because they have more money than you do?
       
      Should Bill Gates pay more for a cup of coffee at the your local diner than you pay for the same coffee?
       
      Where is the cut-off between "must provide access" and "not required to provide access", and how do you determine it and justify it?

      --
      If you're a zombie and you know it, bite your friend!
    32. Re:This smacks of bullshit... by innocent_white_lamb · · Score: 1

      a store as large as Target, which dominates the commerce in entire towns or neighborhoods, bears a legal and social responsibility to serve that entire community.
       
      Do smaller stores in that same community bear the same responsibility? Down to what level? If I have a home-based business with an office in my basement should I be required to install a wheelchair ramp in my yard and an elevator to the basement?

      --
      If you're a zombie and you know it, bite your friend!
    33. Re:This smacks of bullshit... by Wordplay · · Score: 2, Insightful

      The government has already determined what they want, and the laws have already been written. The interpretation against new developments, as well as the enforcement, is being achieved through the lawsuits. This is how the law--and in particular ADA-style stuff--generally works. They don't send out the ADA police to monitor the situation, the process counts on people to sue when they feel their rights have been infringed upon.

    34. Re:This smacks of bullshit... by mr_matticus · · Score: 1

      No. You should serve your community. If someone in a wheelchair wants anything to do with your basement business (and who would?), you go upstairs to them and provide service. It's not cost effective for you to modify your home. You're also not Section 508, so you don't have to modify your website. But you can bring your goods up to ground level and talk to your customer (same as if you just have a really old person who can't do many stairs--invite them inside and take your business to them). Service is a part of business. People apparently can't remember that. You wouldn't need laws if people weren't such assholes about everything.

      How hard is it to put up a phone number for people with difficulty--and actually answer it? There should be some sort of special contact tag that a screen reader can search for and read first that has a phone number or email address for people with difficulty to get in touch with someone who can help them.

    35. Re:This smacks of bullshit... by innocent_white_lamb · · Score: 1

      you go upstairs to them and provide service.
       
      What if it is not possible to take my business upstairs? Perhaps I have some special machine in the basement that the customer must look at to, say, pick his choice of colour from. Or whatever. "The showroom is in the basement." Now what? Do I haul all 5000 bales of cloth up the stairs into my living room so he can look them over?

      --
      If you're a zombie and you know it, bite your friend!
    36. Re:This smacks of bullshit... by oddfox · · Score: 1

      You are about as naive as they come then, if you seriously think that a significant number of companies would willingly go out of their way to accommodate such a fraction of the market if they weren't legally obligated to. Have you never heard of anything like a Social contract/compact?

      --
      "We invented personal computing." - Bill Gates
    37. Re:This smacks of bullshit... by indil · · Score: 1

      Analogies are dangerous and rarely fit the actual situation they are applied to perfectly. Blindness and websites are not the same as wheelchairs and buildings. Web sites are a service provided voluntarily by businesses; they are text files residing on someone's computer account and served up by a web server. However they're interpreted or displayed isn't up to them. Moreover, there is no standard for conveying information such that everyone will understand it. I can see fine and some web site layouts don't make sense to me. Do I have a right to bitch about it to them? Hell no. It's nice if they care enough to change it to accommodate me, but I shouldn't have a right to dictate the content they publish.

      Why don't you consider the real-world impact of your ideas? For example, if businesses were required to make their web pages accessible to blind people, how would that affect small business owners or individuals? If I wanted to sell my couch and put an ad for it on my personal web site, I could be perceived to be a business and therefore required to redesign my web page to be accessible.

      Another implication of this that I don't like is that "accessible" isn't very well defined in this context. The story seemed to say that Target was sued because the web site reader used by the blind person couldn't interpret the web site correctly. So are the companies who make these web site readers going to dictate what is and is not "accessible" to blind users? What if those programs change over time? Would web sites be required to be overhauled if the most popular site reader changed dramatically? There's no recognized, standard way of representing information and services online. And that's because there's no "best" way to represent all information; some info is best viewed one way, and some info another. Some content is only visual and has no textual analog. What if my web site is an expression of myself, a work of art, or an experiment in user interfaces? Should I be forced to change it because a portion of my site has a business aspect and some people can't use it? These kinds of rulings have implications that go far beyond problems for big businesses.

    38. Re:This smacks of bullshit... by PsychosisBoy · · Score: 0, Redundant

      OK, "post" to me, then.

      Don't be an idiot. Do you think stores would build wheelchair ramps just to make a few extra dollars from the few people with wheelchairs who shop in their stores? Of course not. The inevitable result of the free market would be no stores having wheelchair ramps, because the market is too small to be worth it. And as a result, nobody with a wheelchair would be able to shop. We protect minority disability groups because it's more important that they be able to live life than that stores have complete and unregulated freedom to maximize their profit.

      If Target makes 0.1% more profit this year, no one gives a crap. But if one million Americans who can use a wheelchair are suddenly able to live their lives, this makes a significant difference in the world. (And yes, blindness and business websites can be considered the same as wheelchairs and physical buildings, hence the analogy.) Leave your idealistic philosophy at home and consider the real-world impact of your ideas.

    39. Re:This smacks of bullshit... by MikeFM · · Score: 1

      My sister has cerebal palsy so I do know that sometimes things are very unfriendly to handicapped people. On the other hand I've also been around a lot of handicapped people and I can tell you form experience that, like any minority group, some are bitter and want to blame everyone else for their problems. One example is that when I was managing one store I had some people, who weren't even shopping, come in and bitch because we'd just redone the parking lot and the handicapped space wasn't marked again yet. They were threatening to sue which is utterly ridiciulous because the parking lot only had five spaces anyway and all were roughly an equal distance from the front door and were equally easy for handicapped use.

      I try to make my websites reasonably usable by text browsers and I leave the rest up to the user's browser to figure out. I'd like to see a more structured format instead of HTML but trying to force HTML into the mode is pointless. I wonder if RSS could be made to be used as menus between pages? The hard part is that sometimes you just have to have a lot of options available from a page which isn't very friendly to someone using a screen reader. I imagine it's like using a voice mail system that constantly lists of 30 options for every menu.

      Of course I think it's stupid to enforce such things by law. If Target isn't filling handicapped customer's needs then it's a market opportunity for a competitor to create a website that's more friendly to handicapped users. Personally, I'd love if some blind users would review my websites and let me know what I could do to make things better for them - especially if they'd buy from me after I made the corrections.

      --
      At what price learning? At what cost wisdom? The price is a man's peace of mind, and the cost is his life.
    40. Re:This smacks of bullshit... by jayp00001 · · Score: 1

      It takes a screen reader and a website from a company to tell a visually impaired person that the website they are going to isn't designed well for visually impaired people and to pick up the phone and call the nearest store in order to make a purchase? It's silly lawsuits like this that make people resent the ADA. I have no problem with the government forcing business owners to accommodate disabled folks if and when they are no reasonable alternatives. Last time I checked, commerce would not cease to exist without the internet. This lawsuit would only make sense if brick and mortar establishments were leftover from the old days.

    41. Re:This smacks of bullshit... by Anonymous Coward · · Score: 1, Interesting

      Discriminating would be refusing entry to blind people, or going out of your way to disable blind people from using the website. Why are they entitled to special treatment? Why must retailers go out of their way to cater to every last disability? It does not take extra effort to build a ramp or use blue paint instead of yellow, so that's reasonable. However, it takes a lot of work to make a site accessible to the blind. Why must everyone carry the burden of the disabled, except for the disabled?

      Why aren't the blind suing stores that don't have braille labels so they can tell Frosted Flakes from Rice Krispies from Target brand corn flakes? It's a more legitimate "problem" than not having alt tags. Why aren't the handicapped complaining that retailers aren't pushing their chairs or carrying them? Why aren't the deaf complaining about lack of retail employees that understand sign? Where does one draw the line between non-discrimination and going overboard?

    42. Re:This smacks of bullshit... by mr_matticus · · Score: 1

      Then you figure it out. Work something out. Provide service.

      Too many people think it's just a matter of having something and holding your hand out and waiting for money. You could try talking to him, getting a feel for what he's looking for, and bringing up a few samples and going back a few times until you can present some fabric choices. What are you doing in a cloth-based business without a sample book anyway?

    43. Re:This smacks of bullshit... by mr_matticus · · Score: 1

      Nonsense. Why shouldn't online businesses have to make some accommodation to people just like brick and mortar establishments? Why should they be exempt from having to provide everyone with a fair chance to become a customer? Designing a website properly should be done anyway, but having to make a special page with information for disabled customers is practically cost-free. Redesigning the site so that it functions effectively is a decent goal, but if you can come up with a cheaper alternative, that's suitable too.

    44. Re:This smacks of bullshit... by innocent_white_lamb · · Score: 1

      You could try talking to him, getting a feel for what he's looking for, and bringing up a few samples and going back a few times until you can present some fabric choices.
       
      Or I could spend that same amount of time selling a lot more fabric to the three other customers who are waiting to see me while I conduct an interview and run up and down the stairs.
       
        What are you doing in a cloth-based business without a sample book anyway?
       
      Beats me. I own a movie theatre so I have nothing to do with cloth sales of any kind.

      --
      If you're a zombie and you know it, bite your friend!
    45. Re:This smacks of bullshit... by StikyPad · · Score: 1

      I'm sort of torn on this issue. On the one hand, I agree completely that accessibility to physical premises should be guaranteed (although I hate dangling my legs on those super-high toilets in restrooms with only a single stall). On the other hand, there is no braille in the stores I visit (let alone on the products themselves), no braille displays or audio screen readers in the internet cafes. I don't see bookstores stocking audio and/or braille versions of all of their books. CC is not mandated (only mandated not to be removed when present).

      Sure, text is more accessible for braille displays and/or screen readers, but at what point does the disability of the individual outweigh the obligation to accommodate them? What if the person is blind, deaf, and has no hands (and therefore cannot read braille)? Should restaurants provide smaller furniture for dwarfs? Larger doorways for extremely tall and/or obese people? (Japan can be a painful country if you're over 6'.. no joke). Should playgrounds provide elevators (or very long ramps) so crippled kids can ride the slide?

      As I said, I'm all in favor of physical accessibility to premises and transportation, but it seems like some common sense should be employed. Websites are an inherently visual media. We might as well require movie theaters (or YouTube!) to provide a play-by-play of the action in audio form (Dog rides skateboard. Still riding skateboard. Still riding skateboard. Crashed into hydrant. Kids are pointing and laughing. Dog is not getting up.), or radio stations to broadcast text lyrics. At some point, you have to say I'm sorry, but the cost and effort of accommodating you is beyond reasonable. The problem with this ruling is not that Target will suffer any unreasonable burden by providing a textual version of its pages, but that without strict guidelines on requirements, A) Nobody can know what's required of them, and overly vague laws are unenforcable/unconstitutional (See Montana speed limit case), and B) a malicious plaintiff could potentially sue for basically anything that doesn't cater to their specific disability.

    46. Re:This smacks of bullshit... by mr_matticus · · Score: 1

      Sure, or the three other people could realize that you're helping another customer and will get to them as soon as you can, or you can ask if the first customer would mind if you got rid of the the impatient fucks so that you could get back to helping your customer.

      Again, standing with your hand held open and neglecting customers who fairly arrived first is not indicative of someone providing good service. It's also not indicative of someone who can manage their customer load or schedule effectively. If you're in a business where it involves personal examination of fabrics and styles, then you would be foolish to schedule more than you can handle at any given time.

      If they're walk-ins, you can ring them up and take their orders if they know what they want, or they can wait like everyone else when you go somewhere and are helping another customer when you arrive.

    47. Re:This smacks of bullshit... by nester · · Score: 1

      How about they ask someone to help them up the stairs, instead of requiring every business (including small ones that can't afford it!) to build special ramps just for them? Or use a wheel chair that can climb stairs, or order things over the phone.

      Also, as the baby boomers age, target, kmart, etc will have to cater to them, eg by building ramps.

    48. Re:This smacks of bullshit... by nester · · Score: 1

      Sounds fine to me, as long as everyone has equal rights to deny whatever group they want.

      btw, actively denying an entire race is not comparable to not building special structures to cater to a certain (very small) group.

    49. Re:This smacks of bullshit... by jayp00001 · · Score: 1

      Like I stated previously, I have no problem with the government forcing business owners to accommodate disabled folks if and when there are no reasonable alternatives. However in the particular case of websites there may aleady be alternatives- in this case pick up the phone and call the local store. For most reasonable people I think they would be able to figure this out without a "you must be disabled and stupid to reach this page so call us if you want to buy something" page. Now if we take an internet only retailer like Amazon, they should be required to put up a page that gives either a brick and mortar location to call and or visit or a phone number to call and get info and or place an order. Of course, the other obvious route which would be to block californians from buying from your site altogether.

    50. Re:This smacks of bullshit... by iamacat · · Score: 1

      As I said, fix the maximum percentage of income that a company has to spend on accessibility. Open escrow accounts to deposit money for projects that require accumulated "tax" from many years of operation.

      I sure expect Bill Gates to pay higher dollar amount of tax than me.

    51. Re:This smacks of bullshit... by innocent_white_lamb · · Score: 1

      standing with your hand held open and neglecting customers who fairly arrived first is not indicative of someone providing good service.
       
      Er, no. Some customers (not necessarily disabled) are far more work than they are worth. I speak from experience -- as I said, I own and operate a movie theatre, and I do some computer consulting and programming as a sort of a sideline.
       
      Would you rather spend a half-day taking to a lookie-loo who eventually says, "I'll get back to you" (and never does), or spend that half-day dealing with customers who are actually putting money on the counter?
       
      I may not be getting paid by the hour, but there are only so many hours in a day. And I'm definitely paying someone else by the hour. Staff is extremely expensive. Take it from me.
       
      I have been known to refer people to other consultants or simply say "I don't do that" when I am asked to do certain jobs or work for certain people.
       
      Does that make me a poor businessman? I think the opposite; wasting time is the mark of a poor businessman.

      --
      If you're a zombie and you know it, bite your friend!
    52. Re:This smacks of bullshit... by UncleTogie · · Score: 2, Insightful

      The road to hell is paved with good intentions.

      Are you then advocating apathy as a method for positive change?

      --
      Don't tell me to get a life. I'm a gamer; I have LOTS of lives!
    53. Re:This smacks of bullshit... by mr_matticus · · Score: 1

      Sure, but it's an ADA case and that means it'll get at least to the 9th Circuit.

      If you're comfortable taking 9 states out of your market (including one state with 10% of the people and going on 20% of the country's money), that's an option, if a stupid one. You'd invariably lose more money than the trivial costs of modification by doing so, but stupid business decisions are certainly your right.

    54. Re:This smacks of bullshit... by mr_matticus · · Score: 1

      Would you rather spend a half-day taking to a lookie-loo who eventually says, "I'll get back to you" (and never does), or spend that half-day dealing with customers who are actually putting money on the counter? There's no reason you can't do both. If the lookie-loo is actively taking up your time, you can easily excuse yourself when necessary to deal with other customers. If they're just browsing, they don't require your attention and you can deal with other customers.

      The issue of non-buying time wasters is wholly independent from a disabled customer or someone who requires a greater amount of time/attention on your part. It's a different scenario entirely and a far cry from ignoring someone who IS buying something because it involves a little more work on your part.
    55. Re:This smacks of bullshit... by Antique+Geekmeister · · Score: 1

      You and several other respondents have invoked the idea of "actively" denying entrance. I didn't say that! Like Target's website does not serve the visually impaired, you simply don't serve people who aren't white. And if you think it hasn't happened, and still doesn't happen, you haven't watched a young black man try to get a cab or a late night meal in a crowded restaurant.

    56. Re:This smacks of bullshit... by XiaoGirl · · Score: 0

      You're not talking about something as simple as adding an entrance to a building. Regardless of embedded media, the Internet works based upon a principal that *requires* vision in order to access it, you're suggesting that we then revolutionize the very foundation of the Internet to accommodate a very select group of people.

      And no, the solution isn't as simple as conforming to a new web standard or design element, and anyone who over-simplifies this argument into "can't you just do $x" obviously has never built a website. TTS (Text-to-Speech) technology is far from perfect and in some cases isn't feasible as it requires standard ASCII and doesn't take into account things such as Flash, Images, etc. Not only that, but talk about a slippery slope... are you seriously suggesting that every web site be accessible by the blind? What about Geocities, Angelfire, and the like? And why should the blind get preferential treatment over the deaf? Lets demand that every video or audio clip that gets uploaded to YouTube, Google Video, etc have a transcript or signer.

      Get pragmatic here. Should I lose my vision there is an insurmountable mass of things that are going to be higher priority on my day-to-day list than "surf teh intarwebs". I would need to accept the realization that I won't be able to play video games or surf the Internet like I used to. Should *EASILY IMPLEMENTABLE* means of changing that come 'round, groovy, if not I recognize that I'm at a disadvantage to everyone else and may need to find alternative things to do with my life. But this is an issue for Web Developers and Programmers ONLY. If you don't professionally design web sites, maintain servers that run web applications, or code with an emphasis on web development, GTFO of this conversation, because your input is invalid and irrelevant.

      But since I'm all for compromise how about we just use the UTF encoding for Braille?

    57. Re:This smacks of bullshit... by FireFury03 · · Score: 1

      In fact, the inaccessable website is even more of a problem, since, as a sighted user, I wouldn't be aware of the problem and need blind people and others to make me aware by the use of lawsuits and other communications.

      The Disabilities Discrimination Act, here in the UK, already makes inaccessible commercial websites illegal. Sadly it doesn't seem to deter people from having inaccessible web sites. This is probably down to 2 reasons:
      1. This law is only very rarely used against inaccessible sites, so it isn't really much of a threat.
      2. The people who would be liable are the end business owners - it would seem to be far better to make the web developer's business liable since the web developer _should_ have a more informed understanding of how this stuff works. It's obvious to techies that having a Flash-only web site is nigh on useless for anyone who hasn't got Flash, but it is less obvious to the technologically clueless business owner who still believes the blue "e" is "The Internet".

      And the really stupid thing is that whilst inaccessible (e.g. Flash only) sites seem to becoming more prevalent, it is becoming more and more important to have accessible websites even for the fully able users since people are increasingly using less capable user agents such as those embedded in phones and PDAs and the associated low-bandwidth, high latency GPRS connections.

    58. Re:This smacks of bullshit... by Anonymous Coward · · Score: 0

      No one is being forced to build special structures. A business can simply choose to cease operations if they wish.

    59. Re:This smacks of bullshit... by jadavis · · Score: 1

      Is it cheaper to build wheelchair ramps everywhere in the country, or to hire a delivery service to serve those that have trouble with stairs?

      There are much smaller groups in the US that are served by a free market without government intervention. What makes you think this group is any different?

      --
      Social scientists are inspired by theories; scientists are humbled by facts.
    60. Re:This smacks of bullshit... by Anonymous Coward · · Score: 0

      There's shitloads of black-only restaurants where if a white guy (or god forbid a Korean) goes in, he's not going to get out alive. What makes a white-only restaurant where blacks don't get served but don't get killed either any worse?

    61. Re:This smacks of bullshit... by jadavis · · Score: 1

      Goodness. Next thing you know, you'll have us being "separate but equal".

      There's a very big difference between "separate but equal" and forced accessibility of stores. Do you know what the difference is?

      The difference is that "separate but equal" referred to government services.

      You're making a comparison to neighborhoods as though Target is the only option. But this is the internet, blind people have many options on the internet.

      --
      Social scientists are inspired by theories; scientists are humbled by facts.
    62. Re:This smacks of bullshit... by Antique+Geekmeister · · Score: 1

      The blind often have limited mobility. Available buses and shuttles rarely go to every shop in a neighborhood, and even if they do, a Target or other major store may be the only ones open in a neighborhood at late hours, or with certain products. They really do tend to dominate poor neighborhoods: the old jokes about an immigrant child's first words being "Attention, K-Mart shoppers!" have an unfortunate basis in reality. They often wield a monpolistic power over local markets. As such, they wind up with a responsibility to server all customers, not just the easiest or most "able" ones.

      And no, "separate but equal" covered quite a lot more than government service. Go look up the Rosa Parks case. The bus company was a private company, not a government one. The same behavior applied to numerous facilities. And the "separate but equal" approach has been demonstrated by numerous well-done separate studies to leave a strong sense of privilege for the majority, and lesser status for the minority.

      I suspect that you've not been around enough, or visited enough different cultures or economic classes, to see how these problems tend to be reproduced.

    63. Re:This smacks of bullshit... by jadavis · · Score: 1

      Available buses and shuttles rarely go to every shop in a neighborhood, and even if they do, a Target or other major store may be the only ones open in a neighborhood at late hours, or with certain products.

      You missed my point. These things do not apply at all to an online store.

      And no, "separate but equal" covered quite a lot more than government service.

      I didn't say discrimination did not take place in private establishments. But the "separate but equal" doctrine was indeed a government policy, not a private one. And it was considerably more evil, because the government always has a complete monopoly, whereas in the private sector it's at least possible that people can take their business elsewhere.

      --
      Social scientists are inspired by theories; scientists are humbled by facts.
    64. Re:This smacks of bullshit... by mysqlrocks · · Score: 1

      Websites are an inherently visual media.

      How do you figure? Just because you experience websites visually doesn't mean it's an "inherently visual media". Websites use (X)HTML which is a markup language. Modern web design focuses on the separation of content structure (HTML) from presentation (CSS). This is a very important point since the underlying structure is simply marked up text - which can be processed into arbitrary mediums. Most people end up experiencing this visually, but good web designers know that the visual representation is only one "view" of the information.

      Don't get me started on Flash, Java Applets, etc. which are visual media.

    65. Re:This smacks of bullshit... by kajumix · · Score: 1

      Do you think stores would build wheelchair ramps just to make a few extra dollars from the few people with wheelchairs who shop in their stores? No, they will not if it's not profitable. And they shouldn't have to. Consider this: If you were concerned that a particular store should build wheelchair ramps, you can choose to not shop there, and let them know the reason. If enough people are concerned about people with disabilities, and do the same, there would arise a profit motive to build that ramp. This form of consumer activism already happens in cases where buying things made in China, or through child labor are boycotted. You should be lauded for your altruistic and kind concerns towards people with disabilities, but it's impractical to regulate accessilibity with laws.
    66. Re:This smacks of bullshit... by kajumix · · Score: 1

      a white people only restaurant is not financially feasible today. would you eat there? Human consciousness does rise with time, and laws that seemed necessary at some point, were merely a reflection of that consciousness. If there weren't a law to prohibit them, white-people-only restarant would still go out of business.

    67. Re:This smacks of bullshit... by Antique+Geekmeister · · Score: 1

      It was both private industry, and governmental policy. Governmental policy allowed it, but it was certainly in practice in private businesses. Governmental policy, especially federal policy, eventually forbade it, primarily because it could be shown that the facilities were rarely if ever equal.

      And you're missing some of *my* points. In a poor neighborhood, or for someone with limited mobility, an online store can be a godsend. But if you can't use the website, you're screwed. A small store may not be able to afford the website. The larger stores, by their puschasing and monopolistic or near-monopolistic power over a neighborhood, will displace other stores that might provide the service. It then becomes their responsibility.

      This is why ADA restrictions apply much more heavily to large businesses than they do on small ones. An office of 3 people can't be expected to supply such facilities, they often lack the space or resources. A company of 500 people can, and should. And the business of 500 people set a standard that the smaller businesses often have to deal with.

    68. Re:This smacks of bullshit... by fmoliveira · · Score: 1

      So you'll probably to display an alternative ascii art braille version of the movie for your blind costumers.

    69. Re:This smacks of bullshit... by Antique+Geekmeister · · Score: 1

      Would you care to make a bet? As resently as 1995, a national chain in the US engaged in that sort of policy and was succesfully sued for it. (Denny's.) Visit Germany, and watch a Polish immigrant try to get a reservation, or get a job interview in . Then do it as an American, and watch the difference. Or try it as a black man in Salt Lake City. It's an adventure. Better yet, watch the difference as a passenger being driven home by a designated driver when the driver is young, female, and white, versus that when the driver is young, black, and male, and they get checked at a random roadside sobriety test.

    70. Re:This smacks of bullshit... by kajumix · · Score: 1

      If a German company chooses to not interview a Polish immigrant, they are losing potentially good talent. If a company chooses to not serve a segment of the market because of race they lose business. Discrimination based on race is a defeatist and self-destructive policy as it is, even without laws. I don't endorse any race based discrimination, only that the collective social mindset doesn't have to be necessarily expressed through laws for everything. Free market offers that channel.

    71. Re:This smacks of bullshit... by jadavis · · Score: 1
      It was both private industry, and governmental policy. Governmental policy allowed it, but it was certainly in practice in private businesses. Governmental policy, especially federal policy, eventually forbade it, primarily because it could be shown that the facilities were rarely if ever equal.

      Reading wikipedia on Rosa Parks' story, it appears that the reason the bus was segregated was due to racial segregation laws. It also appears that the bus was part of the public transit system.

      The Montgomery Bus Boycott was a political and social protest campaign started in 1955 in Montgomery, Alabama, intended to oppose the city's policy of racial segregation on its public transit system. ...
      Pressure increased across the country, and on June 4, 1956, the federal district court ruled that Alabama's racial segregation laws for buses were unconstitutional.

        -- http://en.wikipedia.org/wiki/Montgomery_Bus_Boycott

      "Separate but equal" was exclusively a governmental policy, as far as I can tell. Please show me a reference to the contrary. It can be any credible source that actually uses the words "separate but equal" referring to a private business's policy. Please avoid the obscure, if it's really as common as you say you should be able to find several mainstream sources easily.

      I understand the theory you're trying to present, and it's not a new one, and I don't think I'm missing your point at all.

      However, you should at least acknowledge that a private business not doing something is very different from the government imposing laws that enforce discrimination.
      --
      Social scientists are inspired by theories; scientists are humbled by facts.
  14. Federal Government Intrusion by Nom+du+Keyboard · · Score: 1
    I think this is the federal government intruding where they have no right to be. If Target doesn't wish to have blind customers purchase from their site, why is this business decision anybody else's business. I don't recall anywhere in the United States Constitution where it states that all web sites must be accessible by all blind people -- nor that its the government's job to "fix this".

    Pile on enough laws and you can destroy the web for everyone. It's not as resilient as you may think.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
    1. Re:Federal Government Intrusion by Dominic_Mazzoni · · Score: 2, Interesting

      I know that Libertarians like to pretend it isn't true, but there are some things that are good for society that would almost never happen under the free market. If 0.5% of Target's customers are blind (a decent estimate), it might not be profitable for Target to go to the expense of assisting them. But if all businesses came to the same conclusion, we'd have a completely inaccessible society, and everyone with a disability would be forced to either live on social security or have a generous person assist them with everything in life. It's not only cruel, it's also worse for the overall economy if these people can't live independently.

      Requiring businesses to make reasonable accomodations to the disabled is not intruding, it's really reducing the amount of our tax dollars that need to be spent helping those who can't live independently. This is in addition to the fact that in our society we believe that everyone should be treated equally, even when it requires extra effort to do so.

    2. Re:Federal Government Intrusion by GryMor · · Score: 1

      They are being treated equally, they are being provided precisely the same information as the rest of the world. Their isn't some magic code on target.com that checks to see if you are blind, and if you are blind, scrambles everything.

      This is not equal treatment, it is special treatment.

      --
      Realities just a bunch of bits.
    3. Re:Federal Government Intrusion by ealar+dlanvuli · · Score: 1

      You know how fucking tired this argument is?

      Sean

      --
      I live in a giant bucket.
    4. Re:Federal Government Intrusion by GryMor · · Score: 1

      It's not a bloody argument, but however you feel about actually doing it or being required to do it, call it what it is. Don't try and hide behind lies and PC bullocks. Call it accommodation if you want, but damn it, don't call it equal treatment, because it isn't equal treatment. Accommodation requires special effort, and often REQUIRES discrimination, VERY unequal treatment and resource allocation.

      --
      Realities just a bunch of bits.
    5. Re:Federal Government Intrusion by jez9999 · · Score: 1

      I think this is the federal government intruding where they have no right to be.

      Agreed.

      Look, I can see what they're trying to do here; I can see why it is probably necessary for the government to step in if disabled people are to get access to many services. However, I'd rather see rewards for compliance than punishment for non-compliance.

      There's just something incredibly illiberal and unFree about the idea that, by *providing* a legal service to most, you can be breaking the law by not providing it to a few... and this is not on purpose, it is wholly passive. Plenty of 'passive discrimination' goes on all the time, and it has to for society to keep functioning. Are casinos discriminating against poor people because they don't have money to spend there? Are monitor makers and speaker makers discriminating against blind and deaf people because they don't incorporate some devices to help those groups use their products? Over here (Europe), there are companies that offer womens' only car insurance. That's a lot closer to active discrimination against my gender, but it's still legal. Government awarding money or favour to businesses who follow accessibility guidelines is fine, but there's something wrong with having a law that makes it illegal to offer *more* service to people. It just seems absurd, and any believer in a reasonably free economy should have a problem with it.

      Another problem with this is where the line is drawn. Many people here seem to be saying that 'big companies' should have to follow accessibility guidelines, but what about medium sized companies? Small companies? Surely you don't expect some quick site thrown together by a sole trader to do so? What do you do, apply this law to companies that earn more than $500 million a year? Who should be able to be sued? The line is extremely fuzzy, and given this ambiguity, laws like this really don't make sense.

    6. Re:Federal Government Intrusion by Dun+Malg · · Score: 1

      If 0.5% of Target's customers are blind (a decent estimate) When only .2% of the US population even meets the definition of "legally blind", 58% of which are elderly folks whose eyesight was fine for their first 60 years of life?

      it might not be profitable for Target to go to the expense of assisting them. But if all businesses came to the same conclusion, we'd have a completely inaccessible society, and everyone with a disability would be forced to either live on social security or have a generous person assist them with everything in life. That's largely the case already, regardless of improvements in accessibility. "Equal access" doesn't magically make someone "equally useful". People with disabilities have disabilities. The blind can't drive trucks for a living. People in wheelchairs can't load concrete blocks onto pallets.

      It's not only cruel, Nature is cruel. Society attempts to mitigate this somewhat. Failing to completely mitigate it to the satisfaction of a particular disability activist's whims is not an act of cruelty.

      it's also worse for the overall economy if these people can't live independently. It's actually more expensive to make every damn thing in the world accessible to everyone of every sort of disability than it would be to hire someone to assist that person personally.

      Requiring businesses to make reasonable accomodations to the disabled is not intruding Problem is, many aspects of the ADA are quite unreasonable.

      it's really reducing the amount of our tax dollars that need to be spent helping those who can't live independently. Bullshit. I work for a large school district that's had to spend millions retrofitting scores of schools, sometimes requiring (for example) major structural alterations to make a main doorway 36" wide instead of 34.5" wide. The amount of money poured down the ADA rathole at our district is enough to buy each and every disabled student the best personal mobility equipment money could buy, plus pay an attendant to help them all day every day. Instead we have ADA compliance/disability rights activists roaming the schools compiling long lists of technical violations (toilet is 17.5" from centerline to the wall rather than the 18" ADA requires--- move toilet!) that, in practice, are largely irrelevant.

      This is in addition to the fact that in our society we believe that everyone should be treated equally, even when it requires extra effort to do so. Forcing a multitude of special accommodations isn't "equal treatment", it's an attempt to legislate equal outcome. It's an absurdity. Attempting to create, via legislation, a world where all of us can pretend people with disabilities are not disabled is a recipe for failure. There are too many degrees of disability in too many flavors to reasonably accommodate them all. The disabled rights activists' claim of "a person with [disability] ought to be able to do [X] just like anyone else" is patently false. It's unfortunate, but people with disabilities have disabilities. Now, a decent society will collectively make an effort to assist such people when and where the need arises, but the idea that we should spend ourselves into ruination to transform the world into a magical Disneyland where everything is written in braille, all phones have TDDs and strobes, and all elevations are reached via gradual inclined planes is pure self-important folly.
      --
      If a job's not worth doing, it's not worth doing right.
    7. Re:Federal Government Intrusion by bentcd · · Score: 1

      (. . .) the idea that we should spend ourselves into ruination to transform the world into a magical Disneyland where everything is written in braille, all phones have TDDs and strobes, and all elevations are reached via gradual inclined planes is pure self-important folly. You need to be a bit careful with those strawmen of yours - they burn very easily.
      --
      sigs are hazardous to your health
  15. stupid & frivolious by FudRucker · · Score: 1, Troll

    whos next? are they going to sue automobile manufacturers because they dont make automobiles with accessibility for blind drivers?

    --
    Politics is Treachery, Religion is Brainwashing
    1. Re:stupid & frivolious by itsdapead · · Score: 1

      whos next? are they going to sue automobile manufacturers because they dont make automobiles with accessibility for blind drivers?

      There is no magic wand to make a blind person capable of safely driving a car. There are a number of fairly resonable guidelines that give disabled persons with assistive technologies a fighting chance of using your website. Better still, many of these guidelines are firmly in the "what's not to like?" category for non-disabled users - e.g. not abusing Flash, allowing end-users to adjust the window and font size, using standards-complient HTML... These have been around for years - any half-competent web designer should be aware of them and (as with any good rules) at least think before breaking them.

      Now, whether these should be mandated by government is a bit more tricky - but since some firms seem quite happy to piss off even the able-bodied majority with annoying site designs, expecting them to voluntarily cater for minorities seems a bit optimistic.

      The main problem is when technically ignorant bureaucrats (esp. govenment clients) "gold plate" the guidelines and treat them as black & white rules that must all be blindly (er...) obeyed (e.g. no Flash ever even when there is a good case for an inteactive applet or a failure to recognise that CSS is only marginally fit for purpose).

      The other problem is that any well intentioned law will be perverted as long as it offers fallible Human Beings and their lawyers the possibility of windfall payouts.

      --
      In a survey of 100 programmers, 111111 thought that duck-typing was a good idea.
  16. Vision Impaired by Babel · · Score: 2, Informative

    The term you are looking for is "vision impaired", which means: people who have a lack of vision (blind) or have poor vision. The term "visually impaired" means: ugly.

  17. Myspace by Firehed · · Score: 0, Offtopic

    Well, I guess I'll just have to file a class action against MySpace under the Americans With Retinas Act.

    --
    How are sites slashdotted when nobody reads TFAs?
    1. Re:Myspace by Zaiff+Urgulbunger · · Score: 1

      I doubt MySpace is accessible either... so you could file for people both with and without retinas. But in that sense, it could be argued that MySpace treat everyone the same!

  18. Next week's story... by untaken_name · · Score: 1

    Armless people are suing casinos because the slot machines aren't 'accessible' to them.

    1. Re:Next week's story... by servognome · · Score: 1

      Armless people are suing casinos because the slot machines aren't 'accessible' to them.
      Modern slot machines have buttons you can push with your foot or nose... and I'm sure if you ask nicely the casino would be happy to have somebody help you drop quarters into the machine.
      --
      D6 63 0D 70 89 81 BB 8E 7B 7C 5F 5D 54 EA AB 73
    2. Re:Next week's story... by untaken_name · · Score: 1

      Blind people complaining that Wagner's line of polychromatic satin finish paints are not 'accessible' to them...
      Deaf people complaining that wind chimes aren't 'accessible' to them...

      Would those have worked better?

  19. Or there is the alternative by davmoo · · Score: 2, Interesting

    The end result could be mandated accessibility for for all Web sites reachable by visually impaired users in California.

    Or it could begin a wave of website owners deciding "this shit isn't worth it", and they either turn off their site entirely or at least block known California IP ranges.

    --
    I want a new quote. One that won't spill. One that don't cost too much. Or come in a pill.
    1. Re:Or there is the alternative by TehZorroness · · Score: 1

      I would be nice to see that happen just to spite lawmakers. Perhaps the site isn't tailored to be accessible, but any site is better then no site.

    2. Re:Or there is the alternative by davmoo · · Score: 1

      I'd like to see it happen just to tell whiners to shut up. While I will agree that it may be in the store's best interest to be welcoming to possible customers with disabilities, no individual, organization, or governmental unit that does not have a financial risk in the business should be able to order it to do a damned thing. The only people who should have impact on how a business operates is the owners and the employees. Period. No exceptions other than a business that receives direct public funding (and thats not really an exception because then the public does indeed have a financial interest). If a consumer doesn't like how the business operates, they have one solution...vote with their dollars and shop somewhere else. And I feel the same way whether the business in question is internet, brick and mortar, or both.

      --
      I want a new quote. One that won't spill. One that don't cost too much. Or come in a pill.
    3. Re:Or there is the alternative by gkearney · · Score: 1

      There are several problems with the idea of turning off California IP ranges. First is how would you know which ranges of IP were from California and which ones were not? IPs in the U.S. are assigned to companies not geographic ranges. One of my employer's has a set of IP ranges assigned. They are located in Iowa the IPs are registered to the company in Iowa but they have many offices in California as well as many other states. Your still on the hook for those users in California even if the IP look as if they are in Iowa.

      Second if you don't turn of ALL the IP address coming California, an impossible task given the facts I cite above, and someone from California gets through your still on the hook. Now some have suggested denying access to anyone with a screen reader. That will not work because as far as I know, and I've done a good deal of work in the area of accessibility, none of the screen readers announce themselves to the server so yo have no idea who is using a screen reader and who is not. To further complicate things every Mac with system 10.4 or better has a screen reader built into its OS. So you would need to filter out every Mac coming to your site in order to "catch" those users which might be using it with VoiceOver turned on.

      The final issue is one of simple economics. California is jut too big of a market for most companies to walk away from. The auto industry discovered this years ago when California imposed stricter emissions regulations. The auto maker talked a good line for a while about not selling car in California but quickly realized that California was just too big of a market to simply walk away from. California had them over a barrel and they knew it.

    4. Re:Or there is the alternative by gkearney · · Score: 1

      So you would favor permitting stores to erect "Whites ONly" signs then?

    5. Re:Or there is the alternative by stubear · · Score: 1

      Oh, please. it costs comapnies NOTHING to permit different races to enter a store. It does cost more money to allow those with limited abilities, such as mobility, to erect a ramp, allwo for parking, etc. The same goes for online surfing. It costs companies nothing to permit different races into their online sotres but it does cost more to implement a web site that is both engaging and accessible. I'm not syaing don't do it at all, but if Target is honestly making an effort to improve, why sue? Why not work with them and their site developers to improve the site and ensure Target's costs aren't going to increase unreasonably given the return on the investment?

    6. Re:Or there is the alternative by gkearney · · Score: 1

      Cost is not really the point here. Do or do not businesses have the right to sell to who ever they want to or not. In your original post you mentioned nothing at all about cost but asserted the right of a business to do as they please. So which is it?

    7. Re:Or there is the alternative by smellotron · · Score: 1

      So you would favor permitting stores to erect "Whites ONly" signs then?

      I would. I disagree with what you have to say but will fight to the death to protect your right to say it. I would probably also hope for the store owners to receive poor business, lots of harassment, and an inability to find employees willing to work at such a blatantly racist store.

    8. Re:Or there is the alternative by davmoo · · Score: 1

      Yep. As a business owner, that's their right to operate their business as they so desire (so long as they receive no direct public funding). And its my right to never do business or spend my money at such a place. Its already perfectly legal for a business to put up a sign that says "Green eyes only" and enforce it. Ignoring the presence of a federal law, how is that any different from "Whites only"?

      And I assure that there are places in the US where businesses would put up a "Blacks only" sign or "Muslims only" sign if they could also get away with it. Bigotry comes in all colors and customs. It ain't just us white boys.

      --
      I want a new quote. One that won't spill. One that don't cost too much. Or come in a pill.
  20. Fucking troll? by msimm · · Score: 1

    You might not like the way I'm expressing my opinion, but it's an opinion. That's something distinctly different then trolling and using the moderation system to quell opinion in contrast to that of your own is, aside from an idiotic form of censorship, anti-dialog. And as such instead of conversation you encourage this mass enfeebling, where dialog is constantly shifted and filtered to reflect your own ideals. The world regurgitated to you. Keep up the good work.

    --
    Quack, quack.
    1. Re:Fucking troll? by jamar0303 · · Score: 1

      and how is "I don't post to cowards" any different from that...?

      --
      OSx86 FTW
    2. Re:Fucking troll? by Anonymous Coward · · Score: 0

      I'm getting more and more tired of both the liberals and the neo/publicans and all their fucking bullshit. What ever happened to that free market shit we were fed along with the 'land of the free' garbage? If you don't like something vote with your wallet. Don't fucking [remove:sue everything that makes your life a little more difficult] complain about being called a troll. No-one *has* to use [remove:Target] Slashdot. No-one has to use a website they don't like. I think it's fucking lazy and shows this stupid sense of entitlement we seem to feel. Instead of supporting something better we try to coerce it into being the way we'd like. How fucked up is that? That's the kind of shit you do with your government, not your fucking [remove:lawn-chair] tech news supplier.
    3. Re:Fucking troll? by Guppy06 · · Score: 1

      Interesting dichotomy. You rail against a lawsuit designed to compel accessibility to their services, saying that the stores should be free to choose to cater to these people, but when moderators freely choose to reduce accessibility to your diatribe by moderating you down, you reverse yourself and demand equal respect and accessibility rather than shopping elsewhere for a more receptive audience (while denying Slashdot ad revenue by reducing its readership).

      You do your cause no credit.

    4. Re:Fucking troll? by Dun+Malg · · Score: 2, Insightful

      Interesting dichotomy. You rail against a lawsuit designed to compel accessibility to their services, saying that the stores should be free to choose to cater to these people, but when moderators freely choose to reduce accessibility to your diatribe by moderating you down, you reverse yourself and demand equal respect and accessibility rather than shopping elsewhere for a more receptive audience (while denying Slashdot ad revenue by reducing its readership).

      You do your cause no credit. His "cause" is that no one should be forced to cater to the disabled at gunpoint, which is effectively what federal regulation is.

      There's nothing in that philosophy that says it's not perfectly OK to publicly call out a bunch of jackass robot-head mods for the dumbfucks that they are. In fact, it's remarkably consistent with the idea above that it would only take a few 'chair bound folks crawling into Target stores on their bellies with the media in attendance to change things. Public spectacle embarrassing the company, rather than federal bureaucrats. See the difference?
      --
      If a job's not worth doing, it's not worth doing right.
    5. Re:Fucking troll? by Guppy06 · · Score: 1

      "There's nothing in that philosophy that says it's not perfectly OK to publicly call out a bunch of jackass robot-head mods for the dumbfucks that they are."

      He's complaining about the way certain moderators are using their mod points in the way they see fit, and doing it in such a way that denies him access to people who do not browse comments at a low enough level. Were he to follow his position, instead of complaining and insisting that others refrain from moderating him down for reasons he personally does not agree with, he should "vote with his wallet" (or, more properly, advertisers' wallets) and frequent a different website.

      "In fact, it's remarkably consistent with the idea above that it would only take a few 'chair bound folks crawling into Target stores on their bellies with the media in attendance to change things."

      No, parent to whom I responded vehemently insisted that they should instead simply shop elsewhere, and would likely wholeheartedly agree with the store owners' right to have the police show up and remove such protesters from private store property before any such scene could commence.

      Besides, as TFA is about Target's online presence rather than their brick-and-mortar stores, it would be rather difficult to picket the online storefront, and the handicapped in question are blind, not paraplegic, so it would be rather silly for people, wholly capable of walking, to crawl into a Target store, next to the (government mandated) wheelchair ramps already in place at all of their stores.

  21. Your all missing the point by EEPROMS · · Score: 1

    This is all about being able to access Targets and any other companies public portal without any discrimination. If Target and many other public websites simple stuck to web standards instead of using broken flashy bouncing beach ball proprietary rubbish this whole issue would not have turned into the mess it is today. Too many idiots are opening graphical web development tools and putting together sites that are based on code that to put is simple is total shite.

    1. Re:Your all missing the point by Oracle+of+Bandwidth · · Score: 1

      They are not being discriminated against. They are being served the bytes they requested just like anyone else. It is absurd to argue that I have to craft the bytes coming out of my box on port 80 in any specific way, just as it is absurd to argue the government should be involved in what does and does not constitute good html.

    2. Re:Your all missing the point by toriver · · Score: 1

      Congrats, you are the winner of the #1 prize for most totally irrelevant argument that manages to miss the point completely. The bytes are WORTHLESS unless they can be turned into information since a bunch of bytes are just data.

      HTML was designed from the very beginning to convey information in a way that allowed it to be presented in whatever way the user desired. That web DUH-signers have wrecked this idea does not mean they ought to get away with it.

      The government is there for the "weak" individuals, that is called CI-VI-LI-ZA-TION. Just because a bunch of arrogant fucks - the so-called "libertarians" - are using the benefits and safety of civilization and government to say neither is needed does not make their pathetic theories correct. Real libertarians should go into the woods and live on berries and whatnot like the hunter-gatherer culture that preceded the governments they so oppose.

    3. Re:Your all missing the point by bentcd · · Score: 1

      Too many idiots are opening graphical web development tools and putting together sites that are based on code that to put is simple is total shite. a.k.a. web shites :-)
      --
      sigs are hazardous to your health
  22. IMG tag inside a H1-H6 tag by TheReaperD · · Score: 2, Insightful

    "They probably use IMGs instead of H1-H6 tags, either because they are using a non-standard font, or some design in the headings. There are a few workarounds for this. You can use H1-6 in your markup, and replace it with images in the CSS (assigning an ID to each H1-6.)"

    Actually, it is easier then that. Just simply put the IMG tag inside of a H1-H6 tag and make sure the ALT option has text. If the image is not used, the ALT text will show up in the H1-H6 font and style. Also screen readers and site indexers can still identify the H1-H6 without a problem. Coding a decent quality page that is accessible to the blind is not that difficult. You just can't do it with a clueless "web dork" (term coined by a former co-worker) and a WYSIWYG editor. Or a desktop publishing person who fills the page with images or Flash.

    --
    "Be particularly skeptical when presented with evidence confirming what you already believe." -
    1. Re:IMG tag inside a H1-H6 tag by cayenne8 · · Score: 1
      "Coding a decent quality page that is accessible to the blind is not that difficult. You just can't do it with a clueless "web dork" (term coined by a former co-worker) and a WYSIWYG editor. Or a desktop publishing person who fills the page with images or Flash."

      But, the bigger question is should anyone doing a website be FORCED to make it blind accessible? If they put sound on the sight...can they be sued since isn't deaf friendly? I don't get it...the web in general is a sight/sound oriented thing. What's next? Have newspapers gotten sued because they don't put out a braille version of the newsprint.

      For a commercial site, I'd assume they'd want to be as blind friendly as possible...for potential profits, but, I don't see that they should be liable or forced by law to go out of their way to make the website 'blind friendly'.

      At some point...PC has to go out the window...and lets be realistic about the limitations some people will have to learn to live with, and some limitations on liability for people/companies out there.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
  23. If blind people aren't aroused by pr0N website... by Anonymous Coward · · Score: 0

    If blind people aren't aroused by a pr0N website because they can't see the pictures but only get a textual description, then can they sue the website because they aren't being equally treated to an arousal that non-blind people enjoy? In other words, "separate and non-equal", in violation of the 14th Amendment to the United States Consitution (i.e. "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States", wherein pr0n is a "privilege"....).

    Too many frickin' lawsuits in this country already...

  24. Target.com is run by Amazon.com by Anonymous Coward · · Score: 0

    Isn't it? I know I've read and seen that several places over the years.

    So did they go after Target.com even though Amazon.com has the same limitations because Target also has brick & mortar stores and is easier to sue (probably deeper pockets too).

    So what about the small business owner that only sells a few items online and uses paypal.com to checkout? Do they have to make sure the don't use image maps and such?

  25. Here's one problem by mangu · · Score: 1
    <h3 class="offscreen">Featured Items and Promotions</h3><div id="flash78117110_0">


    Presumably, people without flash (e.g. visually impaired people using Lynx) will not find the promotions and will end paying more.

  26. I think you're trolling, but here's your answer. by raehl · · Score: 5, Insightful

    And I'm not going to make a single "because it's morally right' argument.

    Free enterprise works pretty well - when everyone decides to spend money in whichever way satisfies their greedy nature, resources get allocated fairly efficiently.

    But this is not always the case. For example, if you run a manufacturing business that produces toxic chemical waste, depending on how greedy your nature is, you may choose to just dump your waste in the nearest river. While this works well for you in the short run, it works well for no one in the long run if all businesses operate that way because soon everything would be too polluted to use. So we have government regulations that say 'Hey, if you make waste, you have to pay to dispose of it properly', and then the costs of that get passed on to the consumers of the product that caused the generation of the waste in the first place.

    Did you see how that worked? In this case, government regulation ENHANCES the proper allocation of resources, by making sure the entire costs of manufacturing a product is borne by those who use the product.

    Legally mandated disability access works in a similar manner. For any given business, the direct cost to them of maintaining access for the disabled may not balance out just not accepting that business in the first place. But, if we don't require that all businesses make reasonable efforts to be accessible to the disabled, then very soon no businesses would be accessible to the disabled. And that's a problem for everyone - because now instead of having disabled people, who through reasonable accommodations made to them are independent productive members of society, we now have disabled people who are essentially locked up in their homes, unable to participate and contribute to society, where we then have to either divert our tax dollars to support them, or let them starve to death (or in the very least, let them out on the street to beg).

    Secondary to that, disability access is a bit like health insurance. While most of us are not disabled CURRENTLY, it's quite possible something might happen where we become disabled in the future. An accident, a disease, or shit, we could just get old, and not be able to walk or see as well as we used to. So, as a society, by deciding to make reasonable accommodation for the disabled, we also ensure that in the event we ourselves become disabled in the future, access is available to us. We may not ever need it, but if we do, we'll be glad we have it.

    Another point to note here is that web accessibility is NOT just about seeing-eye-dog-blind people. Some people can't see very well just because they get old and lose their vision. That's probably not as big a deal now because most older Americans don't use computers anyway, but in 20-30 years, it'll be quite important as the internet generation starts to lose their eyesight.

  27. Because It's The Law by mangu · · Score: 1
    If Target doesn't wish to have blind customers purchase from their site, why is this business decision anybody else's business


    If I wish to sell software, music, and films that I copied from the internet, why is this business decision anybody else's business? Answer: Just because the law says I cannot do this.


    Regulating commerce is well within the capacity of congress and the states, the constitution says so.


    Pile on enough laws and you can destroy the web for everyone.


    Actually what's destroying the web are all the sites that demand flash and/or activex.

    1. Re:Because It's The Law by Dun+Malg · · Score: 1

      Regulating commerce is well within the capacity of congress and the states, the constitution says so. While the point is largely irrelevant, the constitution says the fds can only regulate interstate commerce. The intent there was to make it so individual states couldn't (for example) tax/ban/regulate the importation of products from other other states in the union. Unfortunately, the interstate commerce clause has been so twisted from its original intent that the feds claim (with a straight face) that it allows them to do such blatantly extra-jurisdictional things as regulate the sale of marijuana that is grown, sold, and consumed entirely within one state. This is nothing new. They used it in the 60's to regulate "whites only" businesses, based on the fact that businesses had clientèle mostly from out of state (motels) or bought its supplies from out of state (restaurants). The ends (fighting racism) were clearly good, but the means were utterly despicable.
      --
      If a job's not worth doing, it's not worth doing right.
  28. Re:I think you're trolling, but here's your answer by oddfox · · Score: 1

    What a very well thought-out post, kudos and thanks for the read!

    --
    "We invented personal computing." - Bill Gates
  29. Stupidity and Lobby by Tom · · Score: 1, Flamebait

    Honestly (and I know I'm gonna be modded down for this, but let's face it, half of us think this and don't dare say it) I hate these kinds of laws and court cases.

    So you have a disability. Sorry for you. Why, exactly, is this my problem? If I want my shop to be accessible (or, in my case, my online game), then I'll invest whatever amount of time and effort it's worth to me. If I don't, then you can shop somewhere else.

    Regulations like these are ok when it comes to essential and public services, such as public transport or administration buildings (where, after all, you have to go personally to collect your new passport, file your papers, or whatever).

    Zero support from me for regulations of this kind on private business. Even though the lobby of disabled organisations (most of whom, interestingly, are not disabled themselves, figure that) tries to create the impression, this has nothing whatsoever to do with "erecting barriers". Sorry, those four steps on the entrance of my 14th century building aren't something I put there with the purpose of keeping wheelchair users out, you know? They just happened to be there and have been there since before the wheelchair was invented (17th century, btw).

    Same with my website. If your browser can't display my website in a way that makes it easy for you to use it, that isn't my fault. It's not as if I'd be writing it specifically in-accessible for you. If you can't read my page, then again, you are free to go somewhere else, there's a couple billion other pages online. And again, if you have a specific problem, you can mail me and maybe I care and change (note: "change", not "fix", it wasn't broken!) the site for you. Actually, I do care and I probably will, if you can tell me or I can find out easily what exactly needs changed. But I very much dislike being told that I have to do it.

    Ooops, sorry if that turned into a rant.

    --
    Assorted stuff I do sometimes: Lemuria.org
    1. Re:Stupidity and Lobby by Anonymous Coward · · Score: 0

      Mod parent up. Seems like the only sane post in this thread. Really, why the hell should I care to make my non-enforced, freely available service follow any kind of rules. You don't like it, don't use it. If things go that way, next thing you know they'll outlaw pure Flash sites.

    2. Re:Stupidity and Lobby by Manchot · · Score: 1

      Here's the problem with that line of reasoning. Things such as wheelchair ramps don't cost a whole lot of money, but it's still enough that any business would not want to pay it. You see, despite what some of the rabid free-marketeers will tell you, unless you sell wheelchairs, the number of disabled people is usually not sufficient to justify the cost of a wheelchair ramp. Moreover, the number of people who would care enough to "vote with their dollars" is insubstantial at best. For a perfect example, look at Wal-Mart. Their atrocious business practices are very well-documented, but how much does this really affect their bottom line? Not by very much: people just don't care, and are willing to compromise their principles for low prices.

      As a result, businesses would have no incentive to add a ramp if none already exists, and disabled people wouldn't be able to patronize most businesses. Now, as a human being living in a society, I do not want this to be the case. I do not want the disabled people in my society to be treated this way. Luckily, most people in my society agree with me, and there is a way for a society to collectively make rules for itself. They're called laws.

    3. Re:Stupidity and Lobby by jbengt · · Score: 2, Interesting

      "Zero support from me for regulations of this kind on private business."

      If your a completely private entity, those accessibility rules would not apply. But for businesses open to the public, there's a long history of discrimination that has been held as improper ("Irish need not apply" help wanted signs, real estate deeds preventing sale to Jews, "Whites Only" lunch counters, etc.) and the state and federal governments have the legal power to force you to be open to everyone if you're not a completely private club. That has been extended to handicap accessibility in the 70s and 80s. Most of the things required are cheap when accounted for in the planning stages, e.g. set your light switches 48" above the floor rather than 54" or 60", use lever handles rather than knobs, grab bars in bathrooms, ramps instead of steps, and so on. And a lot of those improvements can be helpful for those without major disabilities, too.

      There is some compromise built in to those laws and building codes, for example, you are not going to be forced to add a ramp to your 19th century building (no 14th century buildings in use here in the USA) unless you're doing extensive remodelling (IIRC 50% of the value of the building in Illinois). Making changes to a website that probably changes all the time anyway does not fall into the kind of cost category that adding an elevator would. So I have zero sympathy for a publicly accessible commercial web site that doesn't try to provide accessibility to all those it can.

      IANAL, YMMV, etc.

    4. Re:Stupidity and Lobby by e-scetic · · Score: 1

      I'll answer. Because it's so goddamned easy to make a site accessible you have to be positively retarded not to, plus accessible code is better code - it's STANDARDS BASED.

      If you want to write shitty code go ahead, if you don't like standards then go out and write your own variation of HTML or whatever, go start your own internet even, you'll just be an island unto yourself. You can sit there and wonder why nobody talks to you, while the whole world passes you by, tittering and pointing, making jokes about you riding the short bus.

      And if I were to review your code I wouldn't hire you do develop shit. How's that for accessibility, Mr. Retarded Coder.

    5. Re:Stupidity and Lobby by Tom · · Score: 1

      plus accessible code is better code - it's STANDARDS BASED. Mostly, yes.

      However, not everything translates 100% and easy. For example, my game uses graphical maps. The only way to see which direction neighbouring areas are, is by looking at the map. A bit of additional info is also available that way. Translating that for, say, a blind player, is non-trivial.

      --
      Assorted stuff I do sometimes: Lemuria.org
    6. Re:Stupidity and Lobby by Tom · · Score: 1

      there's a long history of discrimination that has been held as improper ("Irish need not apply" help wanted signs, real estate deeds preventing sale to Jews, "Whites Only" lunch counters, etc.) But that is exactly the difference I pointed out. I'll agree that wanton discrimination is a different matter. But there's still a difference between explicitly designing your building so that wheelchair users can't enter, or building a flight of stairs there because that's what is most appropriate for that location.

      One part, I'm just pissed at the language-abuse these lobby groups intentionally commit. A "barrier" is something erected specifically as a means to stop or hinder someone. And that simply isn't the case in most cases.

      And the thing with the web is a bit trickier still. Contrary to a building, I have limited control over what exactly the client accessing my site turns it into. HTML tags are suggestions to the browser, but it can ignore or modify them any way it wants. That includes accessibility. Good software made computers useable to the disabled long before we had laws mandating it.
      --
      Assorted stuff I do sometimes: Lemuria.org
    7. Re:Stupidity and Lobby by Tom · · Score: 1

      I do not want the disabled people in my society to be treated this way. Luckily, most people in my society agree with me, and there is a way for a society to collectively make rules for itself. They're called laws. And I happen to disagree and not want those laws. For the moment, the consensus is with you. But I can still hope it'll change. It does all the time, on all kinds of subjects.
      --
      Assorted stuff I do sometimes: Lemuria.org
    8. Re:Stupidity and Lobby by Kilroy · · Score: 1

      > Luckily, most people in my society agree with me, and there is a way for a society to collectively make rules for itself. They're called laws.

      You have a fundamental misconception as to how laws happen. Just because something is a law doesn't mean most people agree with it, know about it, or would like it if they found out.

      Laws come from a few people with a strong preference that push hard for them, and not enough people with an equally strong preference and a strong political presence opposing them. The vast majority of people are entirely ignorant of the vast majority of laws. Even the people that pass the laws generally don't bother to read them. It's still entirely possible for laws that serve a few and only mildly inconvenience many to get created. I frequently think this must be the default.

    9. Re:Stupidity and Lobby by tehcyder · · Score: 1

      let's face it, half of us think this and don't dare say it
      Being brave and evil is not inherently better than being cowardly and evil; and, in practical terms, it is actually more dangerous.
      --
      To have a right to do a thing is not at all the same as to be right in doing it
  30. Someone else's problem by deniable · · Score: 1

    For all of you saying that businesses shouldn't be required to provide service to the vision impaired, I have one thing to say:

    Pray that you never lose your sight.

    What really burns me is that it actually takes effort to make a site inaccessible. The rules of good style (and taste) are often the same rules to make the site accessible. There have even been validation tools for this for a very long time. I actually pointed our marketing guy at one of these to stop him committing crimes against style on the company website.

    1. Re:Someone else's problem by kajumix · · Score: 1

      The rules of good style (and taste) are often the same rules to make the site accessible. So you're saying businesses should be forced by law to use "rules of good style". How about laws forcing movie studios to have a good plot and an interesting storyline in their movies? Or should I sue Slashdot because most posters claim to be litertarians (see the /. poll on the best president for nerds), but don't understand the first thing about what that means?
  31. Re:I think you're trolling, but here's your answer by Antique+Geekmeister · · Score: 1

    Well written, sir or madam.

    The standards for "web accessibility" also help stabilize the web. Simple text web pages, or ones with well defined ALT tags, remain legible in newer and older browsers. They also make the content more easily searchable and editable by the authors. It's not as "flashy", a pun I choose deliberately. But it usually saves server resources, client resources, and bandwidth to keep the page content centric rather than focusing on the latest "Web 2.0" exciting graphical cuteness, even if the latter makes for more exciting demos when getting the work approved.

    Slashdot itself is a very good example of this. The simple layout and content keeps the site focused on the material. The advertising is unobtrusive, and it's easy to get to the material you want even if you are using a truly antique browser, even a text-only one.

  32. They also tried to kill OpenOffice by Anonymous Coward · · Score: 0

    these are the same clowns that went state-to-state trying to stop open source solutions like OpenOffice. Turns out they like the commercial ecosystem with M$ because it gives them a one-stop shop for bullying their assistive technologies.

  33. WTF? by jflo · · Score: 1

    Ok, so the first line is 'The Register is reporting on developments in a California court case pitting blind users against the retailer Target over the lack of accessibility of Target.com' ... my obvious response is, why the hell are blind people concerned about there online shopping experience? Is there leader dog holding the mouse and clicking on the clothing items of color preference? That is just rediculous and if anyone needs a dumb a$$ lawsuit brought against them, its the Storm Troopers running Walmart.

    --
    WWPD - What Would Picard Do?
    1. Re:WTF? by toriver · · Score: 1

      You should pray they don't stop designing web sites for stupid people. Why do you accept that web DUH-signers wrap textual content in some Flash application? Perhaps you laugh at people who read books instead of just watching movies as well?

    2. Re:WTF? by jflo · · Score: 1

      In no way am I laughing at the disabled.... I just think that a lawsuit against a corporation for not making their visual content accessable to the 'blind' is absolutely rediculous.

      --
      WWPD - What Would Picard Do?
  34. Target=lowest common denominator by Lord+Balto · · Score: 1

    "Because most people believe the disabled have a right to equal access to services as everyone, firstly because those who use assisti[ng] technologies have no choice"

    Well, actually they do have a choice. They can get on the bus and go to the Target and handle the actual merchandise, feel it, listen to how it sounds, ask a friend along or a stranger how it looks. Or better yet, patronize a local merchant with the time and inclination to give personal service rather than demanding equal access to mass-produced inferior Chinese-made goods that put American workers out of work and local businesses out of business.

    On another note, the web is primarily a visual medium. Like movies. Why don't the blind sue the movie studios for not putting headphones in the theaters? Or the magazine publishers for not sending along a CD of the contents? When did the web become anymore of an essential part of everyday life than going to the movies or reading magazines? What oh what are the poor going to do when they can't get access to the Target website?

    1. Re:Target=lowest common denominator by ericrost · · Score: 1

      Umm... you can get MOST magazines in braille.

      http://207.165.235.33/Library/magazines/MagazineListBraille.htm

      Movie theaters DO have headphones in them.

      http://www.oag.state.ny.us/press/2005/dec/dec05a_05.html

      So, both of those issues ARE things that in the past blind people have either sued or used market pressure to get.

      NEXT!

    2. Re:Target=lowest common denominator by smellotron · · Score: 1

      On another note, the web is primarily a visual medium.

      100% wrong. You think the web is primarily a visual medium because you primirily use your eyes to view it. It's a common asssumption to make, though: the human visual system is the highest-bandwidth input that our brain has, so people tend to gravitate towards visual things.

  35. Fourteenth Amendment by tepples · · Score: 2, Informative

    Isn't it written into the constitution that its illegal to discriminate? Whose Constitution? In the United States, the Fourteenth Amendment prohibits states from "deny[ing] to any person within its jurisdiction the equal protection of the laws." But what is "protection" and what is a handout? And can states delegate this requirement for "protection" to businesses within their borders? The wording of the Constitution leaves this up to the sociopolitical climate.

    What elements enable disabled users to make better use of a site and what create barriers to use? Here are a few I can think of; see WCAG for details:
    • Use of structural markup (h1, h2, h3, h4, strong, em) instead of presentational markup (font, some uses of table) helps. Structural markup lets you specify different CSS for different kinds of media, such as screen, print, TV, and handheld computers, and if your organization is large enough to have the money to cater specifically to blind people, you can have someone make CSS for speech.
    • Make sure that your site can still be navigated (even if it doesn't look the way the branding people want) if none of the data referenced by img or object elements actually loads. And make sure that the replacement text for an img or object element is kept up to date.
    • Strictly, the preceding point means sites done in SWF need a parallel site done in HTML. (I can't afford retail Adobe Flash software at the moment to verify how well Flash accessibility works.)
    • Make sure that your CSS has enough luma contrast between text and backgrounds and that any background image is paired with a comparable solid background color.
    • Test increasing the font size in Firefox and IE, and make sure that the layout doesn't break and that the font size actually changes. (You should test in Opera too, but I mention Fx and IE because Opera's zoom is an entirely different process.)

    Those of us who do get to grow old may well become disabled too. That includes you too maybe ? Devil's advocate: Do people who grow old enough that the normal aging processes cause disability still have the disposable income to spend on luxury consumer products?
    1. Re:Fourteenth Amendment by russotto · · Score: 1
      And now you've got the government micromanaging website design.

      Devil's advocate: Do people who grow old enough that the normal aging processes cause disability still have the disposable income to spend on luxury consumer products?


      No, those who are still mentally able are spending all their money on health care, and/or demanding that they get everything free because they're old, infirm, and the AARP has a lot of lobbying power.
  36. could this hinder the use of adobe flash (nt) ? by Anonymous Coward · · Score: 0

    Cat got your tongue? (something important seems to be missing from your comment ... like the body or the subject!)

  37. Americans With DIsabilities Act by tomhath · · Score: 1

    The ADA is a huge cash cow for litigators. They can file "drive-by lawsuits", for any technical violation and pretty much win automatically. Worst of all is that they don't even need to complain and give the business owner a chance to remedy the situation, just file the suit and take home a check. Has nothing to do with giving people access.

  38. Another thought,,,, by jflo · · Score: 1

    What ever happened to the days where it wasn't important how a web site was designed??? As if there aren't thousands of choices for almost anything a person could want to buy. Underneath my tinfoil cap, my brain is really starting to believe that the Klingon Warlords over at Wally World are behind this hot mess. However, have you seen their website, its not all that nice either. Long story short, Target and other businesses should be left alone to make their own online choices. Morally, they should only need to update their site if business revenue is affected by it.

    --
    WWPD - What Would Picard Do?
  39. Public vs. private, monopolist product vs. not by tepples · · Score: 1

    I can't wait for a lawsuit against sites that require Internet Explorer to work correctly. As a web developer who recently developed a series of XUL (Firefox dependent) apps for the web, I'd like to say f**k you. Two differences:
    • Are your XUL apps designed for public access, where a lot of people can't choose which browser their public library offers? Or are they intranet apps designed for use by willing employees of a corporation that has chosen to use Firefox software? There's a big difference.
    • Unlike Mozilla Corp., Microsoft Corp. is a convicted monopolist with respect to its web browser software. I'd imagine that lawsuits involving IE would have more merit on grounds of involving a product of a convicted monopolist.
  40. Hooray - apply the law to MySpace pronto by Anonymous Coward · · Score: 0

    Thank the Lord. Hopefully the HTML nightmare that is MySpace - especially the user space - will be made to comply with accessibility requirements as a top priority. Finally most MySpace user's pages might actually become readable HTML.

    1. Re:Hooray - apply the law to MySpace pronto by Nimey · · Score: 1

      s/readable HTML/readable/

      HTH. I swear, most Myspace weenies must use it in write-only mode.

      --
      Hail Eris, full of mischief...

      E pluribus sanguinem
  41. Is starvation efficient by tepples · · Score: 1

    It's called allocating resources efficiently. Is it efficient to allow people who use a wheelchair to starve because they have nowhere to buy groceries?
    1. Re:Is starvation efficient by smellotron · · Score: 1

      Is it efficient to allow people who use a wheelchair to starve because they have nowhere to buy groceries?

      That, my friend, depends on your definition of efficiency. A particularly spartan society could say "it's not worth the effort. If you can't walk, you are as good as dead to us." Essentially, this says that the a disabled person is worth $0, and it's obviously efficient to allow the disabled to starve.

      On the other extreme, a society could say "everyone must be 100% supported, no matter what the economic burden." In that case, a disabled person is worth $\inf, and it's obviously efficient to cater to them.

      We live somewhere in between. I don't think a modeling agency should be legally obligated to employ people with Treacher Collins disease. I do think a local/state/city government is legally obligated to provide low-grade ramps for wheelchairs and "open sesame" buttons for the doors.

      Every organization has to draw the line somewhere. Few people would argue "let the wheelchair people die". But what about when a website for a local store in Podunk Whitebread Town, North Dakota gets sued for not providing Japanese-, Chinese-, and Spanish-language equivalents for Californiaites who through the magic of the Internet can surf to this site, but comprise 0% of the clientele of the store?

    2. Re:Is starvation efficient by Anonymous Coward · · Score: 0

      1) This is TARGET we are talking about, not a grocery store. Yes, I know Target caries some food items. But does Target.com?

      2) There are places that people in wheelchairs CAN go.

      3) People in wheelchairs can have someone else shop for them. There is even online shopping (Peapod, etc).

      4) Sucks to be them.

  42. Socialism to reduce crime rate by tepples · · Score: 1

    Not saying I agree, but it is the reason why I have to pay for somebody else's retirement, or for somebody else's kids to get educated. Education and violent crime rate are inversely correlated. If somebody else's kids are getting educated, they become less likely to assault and batter members of your family.
  43. Chilling effect on advanced web features by davidwr · · Score: 1

    Will this have a chilling effect on "for sighted users only" or "for hearing users only" web features?

    Rather than go to the expense to make videos and other web features accessible, web site owners and designers may say "forgetaboutit" and stick with things that are easy to make accessible.

    Adding captions to audios and text- or audio-descriptions to videos costs money. Making sure your web site works well with screen-reading technology costs money. For a big company like Target with lots of blind and deaf customers it's cost-effective to make the site accessible.

    For small and medium-sized companies, it may not be. They may say:

    "I can pay $SMALLNUM for an uncomplicated web site that gets the job done for everyone, I can pay $MEDIUMNUM for a web site that looks cool and glitzy but might get me sued into oblivion, or I can pay $BIGNUM for a cool and glitzy web site that won't get me sued. I can't afford $BIGNUM and I can't afford to get sued, so I'll stick with a basic web site."

    It's the hidden cost of regulatory compliance: Projects that would otherwise get done are scrapped or radically downsized because the cost of complying with the regulations or the cost of protecting yourself from lawsuits is just too high.

    By the way, I happen to think the ADA is a Good Thing in principle. However, as with any law or regulation, the law of unintended consequences must not be ignored.

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
    1. Re:Chilling effect on advanced web features by toriver · · Score: 1

      It's a myth that you need to make an extra effort to make information available both as a good-looking web site and as a more basic presentation like a text-only browser. HTML has been designed from the beginning to allow degrading of presentation. And we are talking about businesses that spend tons more on traditional media ads anyway. Spending a few more dollars to adhere to law A is no different from spending money to adhere to law B (like SOX).

      And these days, with CSS and all that jazz, that is even easier to make one degrading version than it used to be.

      By the way, is this still Slashdot? I thought the "require Javascript" and "require Flash" ideas were heresy here...

      And what if it wasn't "blind users" but "non-IE users"? Would it be acceptable to require you to quit Firefox and fire up IE to see the content?

    2. Re:Chilling effect on advanced web features by russotto · · Score: 1

      Spending a few more dollars to adhere to law A is no different from spending money to adhere to law B (like SOX).


      Great example. SOX sent companies private in droves to avoid the cost of compliance. Perhaps ADA compliance requirements will send brick-and-mortar companies running from the web.
  44. 'Disabled access' is not like browser access by Panaphonix · · Score: 1

    Most of the comments on this story are biased in favor of mandating disabled access for websites. Many of them use the analogy that you have to ensure your page renders properly on IE and Firefox no matter what your favorite browser is, so why not have the same requirement for disabled access. This analogy is false: In the case of the browsers, you are free to deny access to one browser or another and lose a big part of your potential audience (also search for "kill bill's browser"), while in the case of disabled access, a court is applying a law to a private company's website which originally only applied to physical access to places of business.

    Is having a poorly-accessible website breaking the law or just bad business? I would think it has to be the latter. Not being able to view certain web sites does not prevent blind individuals from living a normal life (in fact they are among the luckiest if you consider the "shock sites" that don't affect them). Those companies that cater to the blind will find a happy and loyal customer base, but those without the resources or sense to do so should not be penalized. Does the law require all books published to have a braille version?

    Please note that I am not talking about government websites, which have mandates for disabled access. It's the burdensome regulation of private companies that concerns me.

  45. Not equivalent by ChrisMaple · · Score: 1
    A white-only restaurant would prevent access by non-whites by physical force. No-one is preventing a visually-impaired person from visiting Target's site except that own person's limits.

    Do you expect wheelchair ramps on Mount Everest? Are we to forbid people from developing complex mathematical formulae, because some people are too stupid to understand them?

    --
    Contribute to civilization: ari.aynrand.org/donate
    1. Re:Not equivalent by Antique+Geekmeister · · Score: 1

      When that "complex mathematical formula" is used as the basis for preventing people from doing some unrelated activity, then yes, that use should be at least examined. Or do you think it's fair if a website to make a doctor's appointment requires Internet Explorer version 7, blocking Linux, MacOS, FireFox, and older Windows users from accessing it?

  46. Re:I think you're trolling, but here's your answer by smellotron · · Score: 1

    The standards for "web accessibility" also help stabilize the web. Simple text web pages, or ones with well defined ALT tags, remain legible in newer and older browsers. They also make the content more easily searchable and editable by the authors. It's not as "flashy", a pun I choose deliberately.

    Even still, it's possible to give a flashy website accessible underpinnings, via techniques like Fahrner Image Replacement. While right now, tricks like this are currently hacks within the HTML/CSS/JS environment, I suspect that continued pressure from lawsuits like this will eventually lead to cleaner solutions, from browser vendors and standards bodies.

  47. Re:I think you're trolling, but here's your answer by FLEB · · Score: 2, Insightful

    Browser support is one big sticking point I have with this. The problem is that web designers are supposed to support disabled people. Analogies may be made to wheelchair ramps and the like, but that's missing one key point: designers also have to support the disabled person's web client-- that could be any manner of OS/browser/helper-app combinations. Would someone who relied on standards-compliant code that wasn't browser supported (use of voice styles, for instance-- many "screen scraper" readers don't support that) be liable in noncompliance? What about the opposite: "This site requires Netscape Navigator 4 Gold and Bob's Screenreader Pro for ADA compliant rendering."

    --
    Information wants to be free.
    Entertainment wants to be paid.
    You just want to be cheap.
  48. Rewrite The ADA by IHC+Navistar · · Score: 1

    If they even manage to win, I'll bet it'll be overturned of the grounds that it was frivolous litigation to begin with.

    I will NEVER make my web site ADA compliant. The ADA has nothing to do with giving equal acess to the disabled, but has everything to do with making money for people.

    The ADA needs to be rewritten- fast. There needs to be some language that prevents people abusing it as a source of cash. The ADA should be called to "American Who Want Money" Act.

    The other thing that disabled people need to get throught their thick skulls is that LIFE SUCKS. DISABILITIES SUCK. JUST BECAUSE YOU HAVE AN UNFORTUNATE DISABILITY DOES *NOT* MEAN THAT YOU HAVE TO GIVE EVERYBODY WHO ISN'T DISABLED A HARD TIME!!!!!

    --
    Knowing Google's lust for data collection, the Soviet Union is still alive and well inside the psyche of Sergey Brin....
    1. Re:Rewrite The ADA by smellotron · · Score: 1

      I will NEVER make my web site ADA compliant.

      I hope that you have at least some baseline for accessibility. Because generally speaking, if your website sucks for blind people, it sucks for search engines, and it may suck for sighted people as well. Put another way: making your website more accessible to people with real disabilities has the side effect of making it more accessible to the average population as well.

      Though ultimately, I agree that it matters little (in a moral sense) whether you follow the letter of "ADA compliance" or not.

  49. Re:I think you're trolling, but here's your answer by ChrisMaple · · Score: 2, Insightful
    Your post is what happens when you don't identify the fundamentals.

    A manufacturer who doesn't properly handle toxic waste is violating the rights of the persons upon whom the toxins impinge. Laws should identify those rights and devise a method for ensuring that rights are not violated (and compensating those whose rights are violated).

    A business that doesn't provide handicapped access is violating no-one's rights; the property is privately owned and any visitor is there by permission, not by right. Providing handicapped access should be entirely the decision of the property owner, laws to the contrary notwithstanding. Freedom includes the right to be nasty and suffer the consequences.

    --
    Contribute to civilization: ari.aynrand.org/donate
  50. So is it fair to say... by deesine · · Score: 1
    that the current state of technology does not allow for reasonable modifications to a site to be disabled-accessible? Using a brick & mortar comparison: I'm guessing the percentage of the total cost of an average fast food restaurant to make it disabled-accessible is less than 10%. When that cost is 150%, then we have placed an undue burden and hardship on that business.

    I'm all for disabled-accessible sites, but until the technology/standards evolve it is not reasonable to expect sites to pay one and a half times the cost of their site to make it disabled-accessible.

    --
    damaged by dogma
  51. Corporate charter by Krishnoid · · Score: 1
    If Target doesn't wish to have blind customers purchase from their site, why is this business decision anybody else's business.

    Target doesn't have to have a blind-accessible website, and they're not entitled some God- or Constitution-given right to a corporate charter. I can't find a specific reference to it, but I've heard that corporate charters are granted in the interest that the corporation serve the public good. Target should have no problem continuing to serve their existing customer base -- just without the Federal Government intrusion of the benefits and protections of being 'incorporated'.

    This is assuming that you agree that reasonably accommodating the disabled is inseparable from the public good. If you don't, that's a separately debatable matter.

    1. Re:Corporate charter by innocent_white_lamb · · Score: 1

      Target doesn't have to have a blind-accessible website, and they're not entitled some God- or Constitution-given right to a corporate charter.
       
      What about me? I own a small business but I have no corporate charter. The business belongs to me, personally. There is no "company".
       
      Should I be required to make my website (that I use to advertise my business) accessible to the blind as well?

      --
      If you're a zombie and you know it, bite your friend!
    2. Re:Corporate charter by Anonymous Coward · · Score: 0

      You still live in my country, so you get to live by my rules. Why is it my country and my rules instead of yours? Because this is a democracy, and a large share of the population agreed we should make some concessions to allow the disabled to access goods and services. It's the same reason you can't slap your wife around in the house you own. The public decided you shouldn't be able to hurt people like that.

  52. Re:I think you're trolling, but here's your answer by vidarh · · Score: 1
    By your own argument denying access based on race, gender, religious or political beliefs would all be acceptable.

    The property may be privately owned, but the business operated on the property is operated under permission of the government, because society always have recognized that the public has a common interest in regulating how business is carried out because it is so fundamental to the functioning of society overall and can have so significant effects on society.

    Amongst those interest, there is a common interest in preventing discrimination and ensuring equal access wherever possible - the moment you allow discrimination there will always be someone who'll want to discriminate against you.

    Nobody will force you to make your property accessible to people with disabilities - it is YOUR choice whether or not you want to run a business on your property that admits the general public and abide by the laws that would subject you to or not.

    And before you start whining about this, you should start thinking about all the other regulations you have to abide by if you want to run a business depending on your jurisdiction: Health and safety regulations; paying taxes; treatment of employees and working time; opening hours; type of business/zoning regulations etc. etc. Running a business on your property has never been a license to do whatever you want.

  53. Are they mad? by Yvan256 · · Score: 1

    The end result could be mandated accessibility for for all Web sites reachable by visually impaired users in California.
    So.... they're going to sue all the websites on the planet? Do they even know how the internet works?

  54. Sueing for monetary reinbursement? by macabresoul · · Score: 1

    Since it is a class action lawsuit, I would imagine they are looking for some kind of payout from Target. A family member of mine owns a big business in California, and as such must always deal with lawsuits of the sort. He was sued by a handicapped man who claimed that his hallways weren't wheelchair accessible even though he had a wheelchair ramp already installed. This same guy had become a millionaire doing this to pretty much any big bussiness in the area, and probably other cities too. He made a killing doing this for the simple fact that it is cheaper to settle out of court then to go to court and win. Fucking disgusting. While I think the Americans with Disabilities Act is a great step forward in our society, the lawsuit against Target is just another example of frivolous greed. The irony is that they will get paid off by Target because they couldn't go online and spend money at Target.

  55. Public Interest, Convenience or Necessity by IvyKing · · Score: 1
    Corporations are formed to serve in the public interest, convenience or necessity - might be interesting to challenge some charters on that ground.


    Target should have no problem continuing to serve their existing customer base -- just without the Federal Government intrusion of the benefits and protections of being 'incorporated'.


    The biggest benefit is not directly to the corporation, but to the stockholders. The act of incorporating limits the liability of the stockholders to the value of the stock (i.e. stock becomes worthless). The tradeoff is that a corporation is not as free as an individual to do what they want.
  56. Re:I think you're trolling, but here's your answer by Anonymous Coward · · Score: 0
    Your example about the manufacturing business is a fairly poor one. In this case a business is doing no harm by not catering to the disabled (as opposed to the obvious direct negative effects of dumping waste). Yes, there is a lost opportunity cost of the benefits of helping the disabled would bring, but without quantification you can't justify passing regulation to mandate it. You have to consider how much value you lose in terms of buerocratic regulation drafting, enforcement, and the cost on businesses to follow this regulation (consider that this money could easily be spent on other outlets of making the disabled productive members of society) versus how much value you gain by making every single site accessible (where a good majority of them do not provide that much value to the disabled). Consider also the value you would lose if a productive business gets shut down because they didn't meet some obscure regulation clause. Governmental regulations can be good (e.g. ban on dumping toxic waste), but regulations come with both costs and benefits, so it's not enough to say that 'this regulation will do good', you must be able to soundly say that 'this regulation will do more good then this other option' (what about accommodations for foreigners? should we mandate that all cites be translated in chinese? japanese? spanish? what level of disability do you draw the line? because there's always going to be SOMEONE left out)

    And that's a problem for everyone - because now instead of having disabled people, who through reasonable accommodations made to them are independent productive members of society
    I don't understand who denying the disabled access to websites instantly denies them the ability to be independent productive members of society. I don't know about you, but most of my valuable contributions to society don't stem from the fact that I can browse websites. Furthermore, you state that:

    If we don't require that all businesses make reasonable efforts to be accessible to the disabled, then very soon no businesses would be accessible to the disabled.
    This statement is ridiculous in the free enterprise society you describe. As the number of websites that provide access for the disabled goes down, the demand for these websites stays constant and thus the incentive for people to make their site accessible becomes greater (because they can grab more market share with less competition). Consider the case where Amazon doesn't provide access for the disabled, well then there's this huge market for disabled shopping that's being untapped and it's in someones best economic interest (regardless of governmental regulations) to cater to that market. A quick search on google reveals this in action. I am not saying that you shouldn't provide access to the disabled. As a business, it's likely that it's in your best interest to do so. But governmental regulation is not cheap nor very effective, and universal mandates shouldn't be taken lightly (e.g. everyone MUST do this regardless of how much benefit it would actually provide).
  57. Flash accessibility by Anonymous Coward · · Score: 0

    What about those sites built upon Flash? How are they accessible to the blind?

    1. Re:Flash accessibility by Anonymous Coward · · Score: 0
  58. Solution by Orig_Club_Soda · · Score: 1

    Block all IPs originating from California.

  59. Re:I think you're trolling, but here's your answer by binary+paladin · · Score: 1

    As long as it's a private business and NOT a corporation (an entity that by its existence is taking a government benefit). The way a corporation works and the protections and benefits it receives muddy the waters of a "free market" and "private ownership" enough in of it themselves. Private businesses have rights, in a sense, because they are property owned by an individual and individuals have rights and can basically do whatever they want (or in theory that's how it works) within the context of their own property.

    Once you incorporate, it's an entirely different matter. Corporations (in theory) have no rights. They are a creation of the government.

  60. Re:I think you're trolling, but here's your answer by smellotron · · Score: 1

    Would someone who relied on standards-compliant code that wasn't browser supported (use of voice styles, for instance-- many "screen scraper" readers don't support that) be liable in noncompliance?

    Yes, there is a general problem with standards that far exceed current browser support... but an ADA-compliant rendering shouldn't really be relying on CSS voice styles. The HTML document itself, without any images or styles, should be accessible. CSS should be used to enhance the user experience, not to enable it.

    Browser support is one big sticking point I have with this. The problem is that web designers are supposed to support disabled people.

    In general, "browser support" is a perpetually unsolvable problem, because there's a potentially infinite set of user agents (browser) that may be invented. What if I write my own screen reader that's freely-available, but sucks? Can a blind person using my screen reader complain that an arbitrary site doesn't work with my (awful) screen reader? My opinion is generally "only if it is a problem that would affect an overwhelming majority of screen-reader users." That is, if it is a general problem that affects most non-visual user agents, then it's probably a site issue. If it only affects a few user agents, it's probably a UA issue.

    But these can't be hard-and-fast rules, since at the core, the W3C web standards are really just "recommendations", and there's no authoritative governing body. This probably falls under some larger legal issue along the lines of "you have to prove that you probably tried to be accessible," which plagues every other legal gray area.

  61. Private sites by eggman9713 · · Score: 0

    Ok, well I run a forum, and even though anyone online is allowed to access it, I as the site's owner, have the right to ban anyone I don't want there. It is a private site. As an analogy, I own a house. And I let anyone who wants to come in to discuss things come in, but if I don't like someone I can kick them off because it is my private property. I don't see how this law can even be enforced, and if it somehow does go through, I like others in this thread, will just block all users in California, and if that is made illegal descrimination based on IP address or whatever, then I will simply take my site offline and send all my pissed off users to the California government websites to complain.

  62. Write off California as a market? by IvyKing · · Score: 1

    Your solution would work if you had no plans for doing business in California. I don't think Target is in the position to give up on the California market and their presence in California is what gives state laws jurisdiction. Things might be different for an outfit with no physical presence in the state.

    1. Re:Write off California as a market? by Orig_Club_Soda · · Score: 1

      On one hand I was joking :)

      On the other, I think its OK for corporations to withdraw services from regions whos politicians pas resolutions that are expensive and one sided. A some point the comsumers will get pissed that they dont have that corporation as an option and put politicians in their place.

  63. Funny how /.'ers are libertarian until by unassimilatible · · Score: 2, Insightful
    We are no longer talking about the war on terra. Suddenly Big Government is good when it isn't a privacy issue. Slashdotters are so inconsistent. You all get riled up about a First Amendment or other YRO issue if it is a video game or something, but forcing a corporation what is has to say on a Web site, that's fine! What a horrible example of Big Brother Government.

    FREEDOM OF CONTRACT PEOPLE. GET GOVERNMENT OUT OF OUR LIVES! LIBERTARIANISM IS NOT JUST ABOUT WIRETAPPING!

    --
    Slashdot "libertarians": Small government for me, big government for those I disagree with. -1, I disagree with you
    1. Re:Funny how /.'ers are libertarian until by Anonymous Coward · · Score: 0

      And that is precisely why libertarianism is a bad idea, and liberalism is a good idea.

      The job of government is to protect the rights of the people, not the corporations. Wiretapping is a violation of the rights of the people. Big business failing to provide an accessible website is a violation of the rights of the people.

      Get the government out of destroying our personal freedom, and put it to work where it belongs, regulating commerce. It's right there in the constitution, folks.

  64. But you did make a "morally right' argument by Anonymous Coward · · Score: 0

    "or let them starve to death (or in the very least, let them out on the street to beg)."

    Does = "because it's morally right' argument. Your saying if we let them starve to death or let them out on the street to beg it's bad. A purely capitalist/survival of the fittest model would be to do exactly that. Arguments can be made that a society benefits if there is a safety net. However, I'm fairly certain that these arguments have never been proposed by anyone who wasn't raised with a certain "moral" standard.

    1. Re:But you did make a "morally right' argument by raehl · · Score: 1

      It wasn't intended to be a morally right argument. I have no objection to people having to beg for their money. But I find it very annoying when people beg me for money. I would rather proceed from place to place unmolested by beggars, car window washers, etc. So I would prefer that the disabled receive proper accommodation so that they do not have to beg so that I do not have to be begged.

  65. Cavemanscrib.com by abug · · Score: 0

    Maybe it's time to evolve?

  66. .1% off Amazon's sales wouldn't kill them... by patio11 · · Score: 1

    But 5% of .1% of Amazon's sales would make accessibleAmazonAffiliate.com a very, very stinking rich individual. That is, if they manage to beat out bookstore-for-the-blind.com and the other fifteen people competing for that space. Its the Internet -- whatever you want, SOMEBODY has made it already, and Google will probably find it for you pretty quickly. (Need an accessible website offering Braille erotica? I'm almost positive one exists, and I'm scared to look for it.)

    As an aside, there are too many things which can make a web site inaccessible to you and they can't all be rectified. (Here is the world's simplest example: how do you make a shopping cart accessible for someone who is not literate in English. Bonus points: Do that answer again, but note that I didn't say he was literate in anything else.) Having courts or other government officials decide which disabilities get mandated protection ("OK, blind folks are politically active and sent letters to the right people, illiterate folks didn't send the letters, Spanish speakers did...") guarantees that the question will be resolved in a way which maximizes the gains of a few political actors and spreads massive costs among everybody else. Solving for the same issue through the market spreads the cost for the improvements among those who want to bear it AND will provide fairer and more rationale coverage (targetting the largest and most put-upon usability minorities because, hey, that is where the money is going to be rather than optimizing for minorities-of-one-who-happen-to-live-next-to-a-New-York-Times-reporter).

  67. You coudl restate this as by Anonymous Coward · · Score: 0

    Websites are badly designed at the moment, where placement is more important that content.

    If the site had been properly designed, rather than thrown up, it would have the content first (over lsow links, get the essential info out first), referentials (so that if this is roughly what you need, you can soon find similar sites) then go on to the fluff (detailed exposition, images, etc).

    In that case, you already have a thread to follow.

  68. No American Source? by harl · · Score: 1

    Why is TFA in a British publication? The California or the American media aren't covering this?

    --
    I find being offended by me offensive.
  69. Re:I think you're trolling, but here's your answer by Kilroy · · Score: 1

    These laws can still be exaggerated to the point of stupidity. I lived for several years in a new condo, part of a three unit building. The parking area (just for the three private residences - not shared with any business) had four spaces, and two of them were legally required to be marked as handicapped, even though no one that lived there (and no one that visited) could legally use them.

    This was just stupid, and as a result of having to park on the street for years at my own home, I dislike ADA type laws, and think they should be abolished, because they're not going to be made sane.

  70. Re:I think you're trolling, but here's your answer by tehcyder · · Score: 1

    Freedom includes the right to be nasty and suffer the consequences.
    So why have any laws at all then? If you murder someone, you can suffer the consequences of the victim's family lynching you, after all.
    --
    To have a right to do a thing is not at all the same as to be right in doing it