[nfbmi-talk] judgement for blind in web site case

Terry D. Eagle terrydeagle at yahoo.com
Fri Mar 25 17:15:42 UTC 2016

Note:  If victory is this easy against the private sector, it should
certainly be this simple against public sector governmental entities who
take federal taxpayer funds, but do not offer accessibility, especially to
programs and services to persons with disabilities, for which the federal
funds are to serve!


Note too that attorney fees are paid by the law-breakers to the plaintiffs'


It is over due to step up such legal challenges by those who hold themselves
out as organizations who say they are advocates for the blind and other
disabilities!  My motto is, it doesn't cost, it pays! 


From: joe harcz Comcast [mailto:joeharcz at comcast.net] 
Sent: Friday, March 25, 2016 12:49 PM
Subject: judgement for blind in web site case


Now if we could only get this here in Michigan and including State web sites
and pages!


Judgment for Blind Plaintiff in Website Disability Case

ite-disability-case-300241469.htmlNewport Trial Group logo


Judgment for Blind Plaintiff in Website Disability Case


California court grants first-ever summary judgment in website access


09:42 ET from

Newport Trial Group

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SAN BERNARDINO, Calif., March 25, 2016 /PRNewswire/ -- A California Judge
has granted summary judgment to a visually-impaired plaintiff who was unable

access the website of luggage retailer Colorado Bag'n & Baggage.


Plaintiff Edward Davis filed suit in 2015 (case #CIBDS1504682), claiming
that he was unable to access the Colorado Bag'n & Baggage website because
the content

on the website was not accessible to blind individuals.  Judge Brian F.
Foster agreed and issued judgment in favor of Davis, ruling "Plaintiff

sufficient evidence that he was denied full and equal enjoyment of the
goods, services, privileges, and accommodations offered by Defendant because

his disability."  The Judge also awarded Davis $4,000.00 in damages.  The
ruling, believed to be the first-ever summary judgment in favor of a

Plaintiff claiming that a website violates the Americans with Disabilities
Act, also entitles Davis to recover his attorneys' fees.


Davis' attorney, Victoria Knowles of the Newport Trial Group, lauded the
decision: "We are very grateful that the Court agreed that corporate
websites must

be accessible to individuals with disabilities.  This ruling will have
implications far and wide."  Added Newport Trial Group's Managing Partner

Reid: "We are fortunate that we continue to do well by doing good."


For more information:

Katherine Kirshner





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