From the BBC:
“Why much of the internet is
closed off to blind people”
As our everyday world moves
increasingly online, the digital landscape presents new challenges for ensuring
accessibility for the blind. A recent court challenge against Domino's pizza
may be a watershed case guiding the rights of disabled people on the internet,
writes James Jeffrey. Each swipe
17-year-old Maysie Gonzales makes on her smart phone is accompanied by what
sounds like the famous Stephen Hawking voice barking out orders at a relentless
pace.
"Sometimes I speed it up to
350 words a minute, it depends what mood I am in," says Ms Gonzales, who
lost her sight when she was two years old through retinal cancer. Screen
readers translate on-screen information into speech or Braille. They have
broken open the internet for people who are blind or visually impaired, and for
those with other disabilities. But the device only works effectively on
websites that are compatible. "Sometimes it can be horrible, it depends on
how the website has been set up," says Ms Gonzales. If a website's digital
infrastructure hasn't been correctly labelled, a blind person can be met with a
barrage of "button! - button! - button!" or "link 1,752! - link
1,752! - link 1,752!" from that hyperactive mechanical-sounding voice. The
pink markers on Maysie Gonzales’ laptop offer a tactile reference point from
which she can better orientate herself Hence
the case Guillermo Robles, who is blind, brought against Domino's Pizza after
he was unable to use his screen reader to use the company's website and mobile
app. A federal court agreed with him, and now Domino's has petitioned the
Supreme Court to hear Robles' case, in what could prove a landmark battle over
the rights of disabled people on the internet. "This isn't just about
ordering the likes of pizza or surfing Amazon," says Chris Danielson, a
representative with the National Federation of the Blind (NFB). "People
are doing everything online nowadays, so it's about blind people being able to
access the likes of online banking, applying for employment and doing the
necessary online tests, accessing cloud-based tools in the workplace, and all
the rest." It's estimated that 7,600,000 Americans are technically blind -
about 2.4% of the population - according to the NFB. "We've even been told by businesses
before that they understand, but the fact is blind people are not a very big
market," Mr Danielson says. "That's what we are dealing with."
Nowadays signs designating access for shoppers
with disabilities - from parking spaces to restrooms to dressing rooms - are a
ubiquitous part of the retail landscape. This is thanks to the Americans with
Disabilities Act (ADA), the 29-year-old federal law that prohibits
discrimination based on disability. But ADA requirements that are relatively
clear when applied to physical stores - such as determining where ramps should
go and what height grab bars should be - become much more difficult to discern
with a website. "The online environment was never intended to be covered
by the ADA," says Stephanie Martz, senior vice-president and general
counsel for the National Retail Federation (NRF), which along with other
business groups like the Chamber of Commerce and the Restaurant Law Center has
come out supporting Domino's. "The ADA took effect before the internet as
we know it today existed, and more than 25 years later there is no clear
objective guidance on what constitutes an 'accessible' website. There's not
enough clarity in the law to know what is accountable." But advocates like
Mr Danielson counter that if one follows that logic then the whole US
Constitution could be undermined. "If a 30-year-old law is deemed out of
date and not applicable then that applies to a whole lot of laws."
As e-commerce has grown,
retailers are increasingly faced with ADA lawsuits over lack of accessibility,
particularly for the blind or visually impaired. Website accessibility lawsuits
hit a record high in 2018, with retail being the most frequently targeted
industry. More lawsuits were filed in court in the first six months of 2018
(1,053) than in all of 2017 (814), according to the NRF. The likes of Visa and Target have lost such
lawsuits, and earlier this year a class-action was filed against Beyoncé's
official website, alleging that Beyonce.com violates the ADA by denying
visually impaired users equal access to its products and services. "To be fair to businesses," Mr
Danielson says, "there are lawyers taking advantage of the situation, but
cutting the legs from under the ADA is an overcorrection… and stops the flow of
legitimate plaintiffs." Ultimately, those pushing for digital
accessibility argue that businesses have no excuse for dragging their feet over
it. "It's not hard to do, it should just be part of best practice, not an
additional line item, just like making sure a website loads quickly is,"
says Laura Kalbag, a website designer and author of Accessibility for Everyone.
"It basically just involves HTML
coding, which even a blogger can do. If it is a huge website, it might take
some time, but the work itself is not complicated." A statue of a man and
his guide dog interacting with a little girl outside the Texas School for the
Blind and Visually Impaired She adds it
is a myth that making a website accessible makes it ugly, there is no
correlation - you can still have snazzy images and graphics. Ms Gonzales says
that because she is also gluten intolerant, she likes to use Domino's as it
offers gluten-free pizzas, and she has managed to use its online site. But
selecting toppings is tricky - and sometimes she has had to get her mother to
step in. That the courts are also
stepping in is part of the problem, Ms Martz explains. "This should be
dealt with by government and Congress amending the ADA." Any discussion of
accessibility should look at the whole picture - a blind person can always ring
Domino's toll-free number and order that way, she adds. "As a teacher who
has to speak all day, sometimes, like everyone else, I don't want to get into
another conversation and just want to do it online,"
Jeff Molzow, a blind
instructor at the Criss Cole Rehabilitation Center which trains blind people to
compete in the work force, says about why that toll-free number doesn't always
appeal. "Also, I want time to
peruse the menu and make up my mind - you can't do that if you are speaking to
someone on the phone." The Domino's case is symptomatic, say many working
with the blind, of the wider problem of how blind people, or anyone with a
disability, are still not fully on society's radar. "All the info is out
there about digital accessibility. Tim Berners-Lee, the inventor of the
internet, was discussing it in the mid-90s, and we have pushed it for
years," says Jim Allan, an accessibility coordinator at the Texas School
for the Blind and Visually Impaired. "But
people still have low expectations of what blind people can do and don't use
their imaginations about the possibilities - until they are hit with the fire
hose of info from the likes of us, after which they get it." The awareness
of businesses and companies is improving but still slowly, says Mr Allan,
noting that only federal and state websites are mandated to be fully accessible
by all users. This despite digital accessibility being required by a much
larger segment of society, especially as people age and start to lose sight and
hearing. "We treat disabled people as if they are different but that isn't
the case, as digital accessibility affects all of us," says Ms Kalbag.
"If nothing else, you should see it in a selfish way, as one day you will
probably need this type of accessibility." It is the same in the physical
realm, where the likes of wheelchair access ramps are gladly embraced by
mothers with prams and cyclists. But
even when digital accessibility is achieved, challenges remain for blind people
that are familiar to all. "Sometimes
I worry about using social media too much, like everyone else," Ms
Gonzalez says. "But without my
phone I would be very lost - I wouldn't be able to do much and would be very
dependent on others, when I prefer to do it on my own."
^ There’s no excuse that any
company, organization, group, individual, etc. can make to justify no making
their online websites accessible to the disabled. Not only is it against the
law to not follow the ADA, but it is just the right thing to do. The disabled
market may not be the “targeted” consumer or group for them, but that doesn’t
matter. People and companies that continue to disregard the disabled online or
in-person are actively discriminating against the disabled and need to be
called-out on it. To avoid that they should just do the right thing and make
your website accessible. ^
https://www.bbc.com/news/world-us-canada-49694453
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