Accessibility Lawsuit Filed Against JetBlue Airways

The California Council of the Blind and three California residents with visual impairments have filed a lawsuit against JetBlue Airways in Federal Court for the Northern District of California. The lawsuit alleges that JetBlue has violated California law by maintaining a website and operating airport check-in kiosks that are inaccessible to individuals with visual impairments. The lawsuit is based on three California laws: the Unruh Act, the California Disabled Persons Act, and the California Unfair Competition Law. Read more… Accessibility Lawsuit Filed Against JetBlue Airways

MLB: On-Line Accessibility During the World Series

As regular readers of LFLegal know, Major League Baseball (MLB) has shown great commitment to web site accessibility throughout the 2010 season. As the World Series begins this week, the American Council of the Blind (ACB) and its affiliates in Massachusetts and California continue to work with MLB on the accessibility of mlb.com and the team sites. The feedback of baseball fans with visual impairments is essential to that effort. Read more… MLB: On-Line Accessibility During the World Series

New Web Regulations Should Avoid “Do Not Enter” Signs for People with Disabilities

On January 10, 2011, Lainey Feingold testified at the San Francisco Public Hearing on the Advance Notices of Proposed Rulemaking to Revise the ADA Implementing Regulations. The hearing was the last of three held in conjunction with proposed rules on web accessibility and other issues. In her comments, posted here, Lainey urged the Department not to re-invent the wheel, and not to make any rule that would be a “Do Not Enter” sign on the information highway. Read more… New Web Regulations Should Avoid “Do Not Enter” Signs for People with Disabilities

American Cancer Society Accessible Web and Alternative Formats Press Release

American Cancer Society’s New Website Designed for Enhanced Accessibility Blind Community Leaders Praise ACS Initiative; Alternative Format Pilot Program Also Underway Atlanta (February 23, 2011)– The American Cancer Society (ACS), in collaboration with the American Council of the Blind (ACB), has taken affirmative steps to make its newly redesigned cancer.org website and other information accessible to people with visual impairments. The American Cancer Society’s new website provides an improved experience for anyone looking for information, help or ways to fight back against cancer. The new cancer.org is divided into four main sections – Stay Healthy, Find Support & Treatment, Explore Research and Get Involved – that reflect the primary ways the American Cancer Society helps save lives from cancer. Read more… American Cancer Society Accessible Web and Alternative Formats Press Release

Court to Hear Argument in JetBlue Accessibility Case

On July 22, 2011, there will be a hearing in the federal court house in San Francisco in the disability access case against JetBlue Airways. JetBlue is asking United States District Court Magistrate Judge Joseph Spero to dismiss the case. The hearing will be held at 9:30 a.m. at 450 Golden Gate Avenue in Court Room A on the 15th Floor. The hearing is open to the public. The case, brought by the California Council of the Blind and three blind JetBlue customers, is about access barriers on JetBlue’s website and the inaccessibility of JetBlue’s airport check-in kiosks to people with visual impairments. Read more… Court to Hear Argument in JetBlue Accessibility Case

Wells Fargo and Department of Justice: Claims Filing Information for the Blind Community

The United States Department of Justice is now taking claims from individuals with disabilities who believe that they have been discriminated against by Wells Fargo or Wachovia because of their disability. Claims must be filed by January 29, 2012. In this post you can find resources regarding the claims filing process, and learn more about the issues affecting people with visual impairments that may give rise to a claim. Under the settlement, individuals with disabilities may file claims for monetary payment based on Americans with Disabilities Act violations by Wells Fargo and Wachovia. The amount of payment each person can receive is not specified, but there is a total pot of up to 16 million dollars. Read more… Wells Fargo and Department of Justice: Claims Filing Information for the Blind Community

DOJ Delays Web Accessibility Regulations

Earlier this month the United States Department of Justice admitted what many of us have suspected: we will not be seeing web accessibility regulations in the United States for commercial and public entities any time soon. Some time in 2013 at the earliest. In July, 2010, the Department issued what is called an Advanced Notice of Proposed Rule Making indicating that it was planning to issue regulations about web accessibility. The step after an “Advanced Notice” is a “Notice of Proposed Rule Making” (NPRM). After that is the rule itself. In its semi-annual regulatory agenda for Spring 2011, however, the DOJ called the NPRM for Web Accessibility a “Long Term Item” not expected until December, 2012. That’s well over a year from now. And it is close to two years after the public comment period on the Advanced Notice closed, and almost two and one half years after the DOJ announced the possible regulations in July, 2010. Read more… DOJ Delays Web Accessibility Regulations

Blind Community Packs Courtroom for JetBlue’s Motion to Dismiss State Law Access Case

At 9:30 in the morning on July 22, a courtroom in the federal building in San Francisco was filled with blind and visually impaired individuals. They had gathered to hear arguments about whether the accessibility case against JetBlue Airways should be thrown out of court. Judge Joseph Spero asked thoughtful questions and listened carefully to arguments on both sides of the case. He is expected to issue his ruling within the next ninety days. The lawsuit alleges that JetBlue has violated California law by maintaining a website and operating airport check-in kiosks that are inaccessible to individuals with visual impairments. Read more… Blind Community Packs Courtroom for JetBlue’s Motion to Dismiss State Law Access Case

ADA Turns 21 – Still Work to be Done

July 26 marks the 21st anniversary of the Americans with Disabilities Act – the comprehensive civil rights law designed to ensure the full integration of people with disabilities into all aspects of American life. Has the law fulfilled its promise to this country’s disabled citizens? Yes and No. Unfortunately, there are still many ways in which the promise of the ADA remains unfulfilled. Many of us will be writing ADA anniversary pieces today, and most of those pieces will have a list of things — too many things — that are still left to do. Here is my list of where the ADA has fallen short. But first, some ADA achievements to celebrate. Read more… ADA Turns 21 – Still Work to be Done

Court Rules in Favor of JetBlue – Airline Websites and Kiosks Not Covered by State Law

In a blow to the rights of people with disabilities in California and across the country, a second United States federal judge has ruled that state anti-discrimination laws do not apply to airline websites and kiosks. In a closely watched case against JetBlue Airways, Judge Joseph Spero ruled on August 3, 2011 that regulations issued by the United States Department of Transportation — no matter how weak and ineffective — strip away the rights California residents with visual impairments to access and use JetBlue’s website and airport kiosks. The Judge threw the case out of court on the airline’s motion to dismiss. In doing so, he followed in the footsteps of another federal District Court Judge in California who ruled in April that because of the federal Department of Transportation’s actions, United Airlines was free to have airline check-in kiosks that cannot be used by people with disabilities. Read more… Court Rules in Favor of JetBlue – Airline Websites and Kiosks Not Covered by State Law