Last week it was reported that the National Federation of the Blind, NFB, had reached a settlement in its suit against Target Stores Inc. THe case has been going on for a few years now and, while the end result promises blind people greater access to Target's web site, the longer term impact on access to other sites in cyber space remains cloudy at best. And, beyond questions about how this settlement will improve access to the web, one only needs to follow the money and they will arrive at even more questions.

The case against Target began over three years ago when the NFB first approached Target about access issues and barriers facing blind and low-vision individuals trying to access their web site. The NFB asked that Target take steps to improve access to the site, stating that Title III of the Americans with Disabilities Act applied to both regular store locations (buildings) as well as their Internet site. Target disagreed. And so began a legal battle that ended Wednesday, when Target announced that it would pay $6 million to settle a class-action lawsuit by blind shoppers who'd struggled to use its website. Target also has agreed to change the site in ways suggested by the federation, making Target.com fully accessible to the blind by the beginning of March 2009.

Obviously this settlement presents a number of positives for those concerned about access on the web for people with disabilities. In addition to gaining full access to Target's site in the very near future, it is also worth noting that during the process of this case moving through the courts that a federal judge ruled that both California law and Title III of the ADA applied to the Internet. And, that when considering the application of the federal judges decision in this aspect of the case, perhaps other businesses will take note and act accordingly.

Despite the promising aspects of the settlement and what it could mean for the future it is also worth pointing out that there are some very important details that are quite troubling.

Let me say first and foremost that I take no issue with an organization, especially if they hold nonprofit status, attempting to recover legitimate legal fees if allowed for when pursuing justice for people with disabilities or any other cause. However, there comes a point when the amounts received by an organization can become excessive and could result in painting disability rights organizations in a poor light.

When reading the details of the settlement terms its clear that the NFB stands to profit from their involvement in this case.

For starters, the NFB will be conducting training for all employees of Target who work on the company's Internet site. Each employee will be required to attend training once during their time with the organization so as to increase their awareness and understanding of how to make Target's site accessible. Following provision of the training, the NFB then can bill Target for the cost of the training, not to exceed $15,000 per offering. Its unclear how many training's will be provided by the NFB.

While the costs for providing training may be somewhat realistic, the payments that Target must make to the NFB over the next three years cause me to wonder about their real purpose for being involved in the case. Target is to pay the NFB $50,000 immediately and then another $40,000 within 12 months. This is followed by additional payments of $40,000 over the next few years. According to the settlement it appears the total of these payments will be $210,000. These payments are to cover the costs that the NFB will take on in monitoring the accessibility of the Target site. Combine this amount with the figure they will receive for providing Target employees with technical training on accessibility and you arrive at a figure likely at or above a quarter of a million dollars.

Will it cost the Federation upwards of $15,000 per training to get Target employees up to speed on accessibility issues? Not sure. However, I can tell you that the sites accessibility has improved greatly since this suit was filed. I feel confident venturing a guess that payments totaling $210,000 will more than adequately cover the costs associated with monitoring the site ten times over.

There are concerns beyond the cash though. For example, the case was settled and did not move forward in the courts. This is a very important issue because a settlement does not necessarily establish any kind of precedent. While the previous statements about the ADA having application in this situation may be helpful, if this case had move forward to the 9th circuit or even higher it would have potentially established clear and concise case law that would be much more difficult for another company to ignore. Unfortunately, in light of this settlement things aren't quite so clear.

Yet another problem with this settlement is that it only addresses screen reading technology and only requires testing the site with JAWS specifically. While JAWS is the most widely used screen reader among the blind and low vision community, it by no means is the only one. In fact it entirely ignores products such as Window Eyes and the entire Macintosh platform which uses Voice Over, Apple's built-in screen reader.

The terms of the settlement also fail to take in to consideration any other technology, software or devices that people with disabilities might use to access the Target site and the broader Internet. This does a disservice to the broader disability community. While the NFB may achieve access for those who use JAWS, such access is not guaranteed for those using other screen readers and is not even considered for people with disabilities using other technology.

Overall, while the outcome of this case and its settlement offer some good things for a specific group in the disability community, I think that the NFB and the other plaintiffs in this case failed to achieve what was possible. We haven't taken enough steps forward to insure that accessibility is of significant concern to businesses and web site developers. There just doesn't seem to be much here for anyone to hang their hat on. Further, the monetary requirements placed on Target that will directly benefit the Federation are simply outrageous. These dollars will simply go to pad the bottom line of an organization that has long since forgotten its claim to be first and foremost and advocacy organization and "The voice of the nation's blind."