1. Cynthia D. Waddell, Juris Doctor Executive Director ICDRI 5 th European eAccessbility Forum 28 March 2011Paris, France

2. Overview Legal Framework Sections 504 and 508 of the Rehabilitation Act of 1973 Americans with Disabilities Act of 1990 21 st Century Communications & Video Accessibility Act

3. Overview Litigation for eAccessibility Walt Disney Website Case NFB v. Target Settlement Kindle eBook Litigation against U.S. Universities & Settlement Other Accessible Web Litigation (If Time Allows)

4. Legal Framework Section 504 of the Rehabilitation Act of 1973

5. Legal Framework The Americans with Disabilities Act of 1990

6. Legal Framework 1998 Amendments to Rehabilitation Act of 1973 (Section 508) (Section 508)

7. Legal Framework 21 st Century Communications and Video Accessibility Act

8. Litigation for eAccessibility Walt Disney Company Websites: Disney Online and Walt Disney Parks & Resorts Complaint Filed September 2010 Alleges Disney Websites not Accessible to Screen-reading Technologies Seeks Remedies under ADA and California Disability Rights Laws

9. Litigation for eAccessibility Motion for Class Action Filed February 2011 Class Action Hearing Set for April 11, 2011 Arguments based on NFB v. Target and Enyart v. National Conference of Bar Examiners

10. Litigation for eAccessibility NFB v. Target- ADA Title III Brick and Mortar Businesses with Websites Shall be Accessible under Nexus Theory Risk is Injunctive Relief and Attorneys Fees as well as Possible Damages via US Department of Justice Enforcement

11. Litigation for eAccessibility NFB v. Target Filed 2/2006; Settled 8/2008 Target To Make Web Site Accessible $6 Million Paid to Members of CA Class; Up to $7,000 each person $20,000 to establish CA Center for the Blind $3.7 Million Attorneys Fees & Costs

12. Litigation for eAccessibility NFB v. Target – CA Unruh Civil Rights Act & Disabled Persons Act All Business Websites for California Residents Shall be Accessible If Business Websites are Not Accessible, Businesses Risk Treble Damages and Liability Starting at $4,000 Per Incident

13. Litigation for eAccessibility Kindle eBook Litigation Kindle (3G Wireless)

14. Electronic Book Litigation

16. Litigation for eAccessibility April 2009 Six Colleges & Universities announce pilot projects with Amazon to use the Kindle DX in classes University of Washington, Withrop University and Concordia College joined Other colleges bought Kindles for their libraries

17. Litigation for eAccessibility Kindle DX featured text-to-speech technology that could read textbooks aloud but the menu controls were not accessible Blind students could not purchase books from Amazon’s Kindle store, select a book to read, activate the TTS nor use advanced features

18. Litigation for eAccessibility June 2009- NFB and American Council of the Blind File Complaint against Arizona State University to prevent deployment of Kindle DX electronic reader as a means of distributing textbooks because the device could not be used by blind students

19. Litigation for eAccessibility NFB & ACB Complaints also filed against 5 institutions: Case Western Reserve University; the Darden School of Business at the University of Virginia; Pace University; Princeton University; and Reed College

20. Litigation for eAccessibility USDOJ Settlements made by January 2010 Colleges will not purchase, promote, recommend or require a Kindle DX or any other dedicated ebook reader for use by students until 1) device is fully accessible or 2) Reasonable accommodation or modification is provided on a case by case basis

21. Litigation for eAccessibility eReader Market Response April 3, 2010: Apple Launches iPad with Extensive Accessibility Features July 29, 2010: Amazon Releases Kindle 3 with Talking Menus; but web browser is not accessible, ebooks must be downloaded via a PC, and traditional page numbering is lacking as well as full navigation features

22. Litigation for eAccessibility Darla Rogers v. State of Florida (ADA Employment Title & Section 508 ICT) Filed August 2009; Settled June 2010 Awarded Back Pay & Compensatory damages; State agreed to purchase JAWS 11 and to remediate web-based software Expert Witness

23. Litigation for eAccessibility National Federation of the Blind v. Small Business Administration Violates Section 508 Complaint filed July 22, 2009: Blind users cannot fill out forms or take online courses; business owner could not apply for certification

24. Litigation for eAccessibility Boggs v. LA County Metro 2006 Complaint that Website Not Accessible; Served as Expert Witness 2010 Notice of Class Action & Proposed Settlement Pending Website Bus Schedule, Fare & Route Info, Trip Planner & Online Customer Comment Form to meet W3C WCAG

25. Litigation for eAccessibility NFB v. Social Security Administration Section 508 Administrative Complaint Filed August 24, 2009 Blind users cannot fill out forms and questionnaires on the website or access information about their benefits

26. Contact Information Cynthia D. Waddell, Juris Doctor Executive Director & Law Policy and Technology Subject Matter Expert International Center for Disability Resources on the Internet (ICDRI) Email: Cynthia.Waddell@icdri.org