A lawsuit filed against one of the nation’s leading Internet providers, America Online by the National Federation for the Blind, has resulted in new programming that will make the World Wide Web more accessible for blind users. The lawsuit filed last year alleged that AOL’s Internet service is inaccessible to the blind, and thereby violated the Americans with Disabilities Act.
”We sued under the ADA claiming that an Internet service provider is a public accommodation under the ADA and hence must be accessible to blind users,” said Joseph Davis, an attorney with Adler, Pollock and Sheehan, who filed the suit in the Federal Court in Massachusetts. “This is the first suit of its kind ever filed. We didn’t seek money damage, we solely sought a order from the court to change the policy.”
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He continued. “The issue has been percolating for some time,” Davis said “The Internet is critically important. It’s a vibrant tool for education, entertainment, commerce, and public discourse – one that the blind need to have access to. The AOL service, which is really geared to the technologically challenged, wasn’t available to the blind.”
Now a decade after the Americans’ with Disabilities Act was passed, the NFB and America Online are working together to create a new software program that makes all of AOL’s services accessible to the blind. The new program is expected to hit the market in late fall or early winter.
”The willingness of AOL to cooperate with us is a clear indication that this company values equality of opportunity for all,” Marc Maurer, NFB president. “Blind people have the same need for information that sighted people have. We have enough talent and willingness to work, but we need access and opportunity,”
According to Davis, blind Internet users access the World Wide Web in one of two ways. The first is through a refreshable Braille system, which allows blind users to read the information on the screen with their fingers. The second, and more commonly used program is voice recognition. For example, when the cursor moves over the forward arrow graphic the computer will speak “forward arrow.” But according to Davis, the problem with AOL was that none of its graphics were labeled for voice recognition.
”The mouse is a very difficult instrument for someone who can’t see where the cursor is going,” Davis said. “And in the case of AOL when a blind user would move the cursor around the screen they would hear things like ‘graphic number 44’ when they were on the next button. As a result they couldn’t navigate the program, they couldn’t get past the first screen.”
Other software providers like Microsoft had already installed the components for voice recognition – leading many to believe that it could be done.
”Initially Microsoft was inaccessible, but the company spent a fair amount of time making sure its programs became accessible,” Davis said. “AOL was just behind.”
But all that seems to be changing. NFB has agreed to drop its lawsuit pending the release of AOL’s new service.
”There was a high level of distrust from the blind community,” Davis said. “They felt that AOL had turned a deaf ear to the blind community, but the discussions were productive and an access policy has been created.”
”We are committed to meeting the specialized needs of AOL’s increasingly diverse membership,” said Barry Schuler, president of AOL’s Interactive Service Groups. “Executing our existing plans for integrating screen reader and other technologies for our disabled members is a part of that commitment. We are pleased to have had the opportunity to detail our accessibility plans to the NFB and appreciate the insight and support we received from them, and other organizations, in crafting our new Accessibility Policy.
We look forward to continuing our dialogue with the disabled community, and with anyone else who is dedicated to making this new medium accessible to all consumers.”
Davis said he is excited about the far-reaching effects of the agreement.
”Even though this case was filed in Massachusetts, it can’t be restricted to just this state,” he said. “This decision will affect blind users from around the world, and it’s only going to make this better.”
