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Supreme Court allows blind people to sue retailers if websites aren't accessible

latimes.com

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Re: Supreme Court allows blind people to sue retailers if websites aren't accessible

#541
post #213
post #74

Blind programmer here. Just a glimpse of my life. Blind people have to live in an environment where X% of web sites and programs are not accessible, where X varies somewhere from 20% (for web sites) to 50% (for desktop applications). That's just my approximation of the state of accessibility these days. Now imagine that you live in the world where you don't know which printer or wi-fi router to buy, since maybe half…

Is there a lint-like tool that you would recommend to developers to scan their web application for accessibility issues (and ideally suggest alternative best-practices)? EDIT: found this Web Accessibility Evaluation Tools List with 132 items listed! Anyone have advice on which ones are best? https://www.w3.org/WAI/ER/tools/

My team at Microsoft maintains an open source browser extension for this called Accessibility Insights (https://accessibilityinsights.io), which is what Microsoft recommends internally for its own teams developing websites.

It offers a fast 5 minute scan for some of the most common/easily detectable issues, and also a much fuller assessment with a mix of automated checks and guided/assisted manual tests that aims to help web developers who aren't accessibility experts achieve full WCAG 2.1 AA compliance.

Happy to answer any questions about it!

Re: Supreme Court allows blind people to sue retailers if websites aren't accessible

#542

Earlier quoted context omitted.

Ha. The ADA has been put into law, yes. The result was reduced employment opportunities for disabled people. Because the cost of conforming to the law is prohibitive. Apparently, in America, its more important to appear to be virtuous than to actually do good. The law of unintended consequences.

Can you source your claim? I am genuinely interested in reading it.

As with most research, take multiple sources. A quick survey showed this (admittedly rather old paper), but it does show the immediate effect:

https://www.jstor.org/stable/pdf/146368.pdf?seq=1#page_scan_...

>On average over the post-ADA period, employment of men with disabilities was 7.2 percentage points lower than before the act was passed. In addition, wages of disabled men did not change with the passage of the ADA.

http://www.law.harvard.edu/programs/olin_center/papers/pdf/J...

This one is long, and they do mention some positive impact on education later. Didn't read that far though.

>while relative disabled employment declined significantly just after the ADA’s enactment in states in which these provisions were a substantial innovation relative to the pre-ADA state-level employment discrimination regime, relative disabled employment was stable in states with ADA-like employment discrimination regimes in place prior to the ADA’s enactment

Non-exhaustive search, but the data seems to indicate that ADA reduced employment for the disabled shortly after inception. I'm not certain on the longer term effects (those are also much more annoying to model here).

Re: Supreme Court allows blind people to sue retailers if websites aren't accessible

#543
post #228
post #213

Earlier quoted context omitted.

Is there a lint-like tool that you would recommend to developers to scan their web application for accessibility issues (and ideally suggest alternative best-practices)? EDIT: found this Web Accessibility Evaluation Tools List with 132 items listed! Anyone have advice on which ones are best? https://www.w3.org/WAI/ER/tools/

On a related note, our app has a lot of charts. What are the best practices for making time-series graphs accessible? I'd imagine just listing the values wouldn't be particularly helpful for graphs with hundreds or more points - and being able to programmatically summarize the interesting takeaways from an arbitrary chart would probably be useful for our sighted customers as well.

Highcharts has put a lot of effort into designing charts to be accessible. They did a presentation about it at my workplace a few months ago and I was impressed by the passion and level of user testing they had done.

https://www.highcharts.com/docs/accessibility/accessibility-... is a good starting point to learn more about the sorts of features and considerations they've made (you can find articles, demos, and videos describing more from there)

Re: Supreme Court allows blind people to sue retailers if websites aren't accessible

#544

What happens to every game on Steam, every app in the two main app stores, websites and software for 3D mechanical CAD (Solidworks, Fusion 360), ECAD, etc? Just trying to understand this. Where are the boundaries, limits and rules? What happens if you use web technologies to control equipment, say, 3D printers, robots, etc. To clarify, this isn’t to say I have a problem with this ruling. Not at all. Just trying to un…

IANAL but games are not public accomodations/commercial facilities in terms of the ADA. There has been very strong law that restaurants are such a thing. The act basically requires companies to make "readily achievable" changes. So if it would bankrupt the company then it is not required. However you can’t just sleep on the issue and pocket the profits for not putting in the effort.

I need to do a bit more research on this. I live in a world where it is hard to imagine blind people being able to perform. I say this admitting I might be truly ignorant about this.

This is a world where we exist and do our work both in front of our screens and in the physical domain. In this world we use tools such as Fusion 360, Solidworks and online services such as Vention to design physical parts, products, machines, tooling. Altium Designer and other EDA tools to design electronics. We use both online and offline tools to manage manufacturing workflow, quality, schedules, client interaction and more. We use online and offline tools to program and manage our CNC machines, quote and manage aspects of the transition from digital to real object in your hand.

I look at this ecosystem and peripheral elements to this and I am not sure I truly understand both this decision and the context. Do you have to be a blind person to truly understand it? Can a blind person design mechanical parts using Fusion 360 or Solidworks? Or electronics using EDA tools?

Again, exposing my obvious ignorance on the subject here. Happy to do so too, as I am sure some of the contributions to this thread will serve to educate me as to some of the nuances, needs and issues in this domain.

What I fear with some of this stuff --and again, this could be truly ignorant in this case-- is that these rulings will serve ambulance-chaser type attorneys who, with a juicy new vector for revenue generation, will file a massive number of lawsuits, extract blood from small and large companies and individuals and, in the end, not necessarily serve the blind community all that well.

In other words, the lady who owns a little knitting blog will be extorted out of a few hundred bucks. After that she will either shut down the site --which means everyone loses-- or she will deploy the crappiest minimal compliant modification she can find, maintain it badly but still be in compliance...which means her blind visitors lose. The lawyers, however, will do very, very well, as they file thousands of these cases and rake-in the profits. If you can't tell, I've dealt with lawyers enough over the last three decades to have a very dim view of a certain subclass among their ranks. I firmly believe they make things worse for society rather than the opposite.

Re: Supreme Court allows blind people to sue retailers if websites aren't accessible

#545
post #535

Earlier quoted context omitted.

TBH personally I find this comment exceptionally strange given the rigors of acceptable limits among software uptimes and reliability outside of accessibility concerns. Netflix would probably not tolerate an entire country's access being revoked from their service for a technical reason they could fix. If AWS had a 0.77% downtime rate for all of their services, it would be a lot of services and a ton of bad press fro…

That's an apples to oranges argument here. So first a market argument: AWS downtime results (or the lack thereof) are what's desired by the market. Blind people are a small market, and prioritizing them equally or disproportionately is an inefficient use of resources. This can be countered by "we can't just abandon the disabled". And we haven't; In this case, the disabled guy can call in and order a pizza. The core s…

I think this is kind of an odd proposition to have though, because market sizes aren't always reasonably correct to judge. For example, beauty products previously thought that black women are a small market. In reality, black skintones have unique qualities in shade that aren't appropriately captured. The day a line of PoC oriented foundations were widely available they were so heavily demanded that stores nationwide were constantly sold out for months.

We've already learned this via curb cutouts. An argument like yours was proposed (eg. we don't need cutouts in curbs for wheelchairs, so few people have wheelchairs) but it turns out that everyone benefits from the thing installed (child strollers, luggage pulling, movers, anything on wheels suddenly benefited). The position here is that this is similar.

Having something that is readable to the blind could suddenly benefit a wide, diverse range of people- colorblind folk, people who just underwent eye surgery, cataract sufferers, even photosensitive or light-induced migraine sufferers suddenly benefit! You could even argue that it would help reduce blue light exposure at night if you could browse without turning on your screen and suddenly theres an opportunity for literally everyone using a screen to benefit from ADA compliant websites for the blind.

Re: Supreme Court allows blind people to sue retailers if websites aren't accessible

#546

Earlier quoted context omitted.

I'm pretty sure phone companies in the US are required to provide free text speech services (dictation) for people who can't speak and/or hear. They've been popular with prank callers. Not being able to speak the local language isn't germane to a discussion about disabilities.

> Not being able to speak the local language isn't germane to a discussion about disabilities. Why not? A blind tourist in the US shouldn't be able to order some Domino's? What about a blind person who has temporarily lost their voice (e.g. due to laryngitis, or a bad cold)? A sighted person in this situation would not have had a problem, so clearly the "full and equal enjoyment" requirement is not being satisfied he…

I should have said "Not being able to speak the local language isn't germane to a discussion about the Americans with Disabilities Act," because not being able to speak English isn't considered a disability under that law.

A blind person who has lost their voice could avail themselves of the textspeech service I mentioned. If they also don't speak English they may need to employ a translation dictionary or some other translation service as well, but I'm not aware of any legal obligation for private businesses to provide translation services in the US.

Re: Supreme Court allows blind people to sue retailers if websites aren't accessible

#547
post #411

Earlier quoted context omitted.

Your language here is really insulting. Take a step back and consider maybe you don't know everything there is to know about how visually impaired individuals live their lives. They aren't all (or even mostly) fully blind! They have families which usually include fully sighted individuals! Meanwhile they are also capable human beings who have all the same needs and concerns about day-to-day life as anyone else.

Are you surprised? He's got a product which he believes has no value to blind people and a record of exactly zero people calling to complain, but he's getting shit on by the a11y brigade anyway. I believe it should be his right to just simply say my product is not for blind people, and dedicate no resources to servicing this hypothetical user base. It's very easy to tell others to do something a certain way with a co…

> I believe it should be his right to just simply say my product is not for blind people, and dedicate no resources to servicing this hypothetical user base.

You might believe it, but the law apparently says otherwise. It’s ok to disagree with laws while still complying with them, and if you’re so passionate about it... it’s ok to work to change them.

I might believe that my healthcare business shouldn’t have to comply with HIPPA but if I don’t comply I should expect to be sued.

I might believe my online store shouldn’t need to be PCI compliant and that it’s unfair, but if I don’t imply I should expect to pay for it.

Through (imperfect) representative democracy, the public has decided that being sloppy with health information, improperly protecting credit card information, and providing access to your business to disabled people are important enough to enforce via the law. It doesn’t really matter what the business owner’s beliefs are at that point.

Anyone who really thinks it’s so important to deny blind people equal access to their web site is free to run for Congress or find a politician who agrees with them to vote for.

Re: Supreme Court allows blind people to sue retailers if websites aren't accessible

#548

Earlier quoted context omitted.

I would welcome 'accessibility first' if it means people start thinking about 'semantics' again. 10-15 years ago, the web dev world was obsessed with semantics, separation of style and content, the idea you could just edit CSS to do a complete redesign (like csszengarden.com), and your markup could remain untouched, understandable by all devices present and future. I think this notion still holds some power, but it's…

> it's obviously taken a hit with the component paradigm Can you please explain how the component paradigm is at odds with semantic markup? Is it just that developers are now satisfied with the semantics being in their component names and props, and don't care if it actually gets rendered as undifferentiated divs? My own hypothesis is that React gave developers permission to question some things that were previously…

> Is it just that developers are now satisfied with the semantics being in their component names and props, and don't care if it actually gets rendered as undifferentiated divs?

Basically, yes. Also, components often require extra div-nesting for robustness, and then there's the obfuscated classnames (CSS-in-JS), and the way responsiveness tends to be done these days (crude media query helper components that show/hide duplicated subsections of DOM for different devices). This all means the rendered DOM in devtools is bloated and hard to read anyway, so there's less point in caring about keeping it nice and clean.

Also, if you're mostly focused on building individual components, you probably don't feel as much ownership over the page as a whole, so you don't think about how your rendered DOM affects the document outline. Without that bigger picture, semantics isn't as interesting.

Re: Supreme Court allows blind people to sue retailers if websites aren't accessible

#549

Earlier quoted context omitted.

I have no experience at all with screen readers. Is there a modern FOSS screen reader that would help give an idea of what a visually impaired user would realistically experience?

The most popular FOSS screen reader by a very, very large margin is NVDA ( https://www.nvaccess.org ). It is Windows specific, though.

There's also the Orca screen reader for GNOME. And I believe TalkBack for Android and ChromeVox for Chrome OS are both open source.

If you don't care so much about open source, as I said elsewhere on the thread, Mac has VoiceOver built in (Command+F5 to enable), and Windows has Narrator (Control+Windows+Enter to enable on recent versions).

Disclosure: I'm a dev on the Narrator team at Microsoft, but I'm posting on my own behalf here.

Re: Supreme Court allows blind people to sue retailers if websites aren't accessible

#550
post #535

Earlier quoted context omitted.

That's an apples to oranges argument here. So first a market argument: AWS downtime results (or the lack thereof) are what's desired by the market. Blind people are a small market, and prioritizing them equally or disproportionately is an inefficient use of resources. This can be countered by "we can't just abandon the disabled". And we haven't; In this case, the disabled guy can call in and order a pizza. The core s…

I think this is kind of an odd proposition to have though, because market sizes aren't always reasonably correct to judge. For example, beauty products previously thought that black women are a small market. In reality, black skintones have unique qualities in shade that aren't appropriately captured. The day a line of PoC oriented foundations were widely available they were so heavily demanded that stores nationwide…

Sure, but then that's an opportunity waiting to be taken, especially in your beauty product case. Someone found that niche, took it and now that problem is solved, don't need regulation for that.

For the latter, how sure are you that the benefit outweighs the cost here. Given the current state of the law as I understand it, if websites would be classified as "public accomodations", they'd all have to provide accessibility options regardless of size. Moreover, I've taken a look at the WCAG guidelines to educate myself on what providing accessibility would be like. It's not exactly small, and while experienced, large organizations might be able to comply, smaller restaurants might have issues there, especially if they're skimping on the webdev side of things.

If I wanted to abuse this, I could crawl restaurant listings, hit them with a scary templated legal document threatening a lawsuit for compliance to some law they've probably never heard of.

From an outsider viewpoint, I don't really trust American regulation that much to improve the situation, especially looking at the bay area housing situation and the state of your public transport. The former is a precise case of regulation causing issues, and attempts to remove that highlight how hard it is to remove poor regulation.

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