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By KEVIN KINGSBURY
October 3, 2007

A federal judge granted class-action status to a lawsuit alleging that Target Corp. is breaking California and federal law by making its Web site essentially unusable for the blind.

The plaintiffs have said there is technology that has been adopted by other firms to make Web sites usable for the blind, but Target hasn't done so. Reading software can vocalize invisible code embedded beneath computer graphics and describe content on a Web page.

Granting class-action status allows blind people throughout the country who have tried to access Target.com to become plaintiffs in the suit, which alleges violations with the Americans with Disabilities Act.

Judge Marilyn Hall Patel also approved a separate class made up of California blind residents who have tried to access Target.com to address the suit's charges that Target is violating state civil- and disabled-rights laws. The suit contends some 10,000 people in California alone use reading software to access the Internet.

"This is a tremendous step forward for blind people throughout the country who for too long have been denied equal access to the Internet economy, said Dr. Marc Maurer, president of the National Federation of the Blind. "All e-commerce businesses should take note of this decision and immediately take steps to open their doors to the blind."

Judge Patel noted in her ruling, dated Friday, that Target has made some modifications to its Web site since the suit's filing in early 2006 to make the site more blind-accessible. With those changes, Target claimed the suit is now moot. Judge Patel ruled against that argument.

In a statement, Target said, "We believe that our Web site is fully accessible and complies with all applicable laws. As our online business has evolved, we have made significant enhancements to improve the experience of our guests who use assistive technologies." The company also noted a federation email "confirms the usability of our Web site."

The retailer will appeal the class-action certification and said, "We will continue to implement new technologies the enhance the usability of our Web site for all our guests."

The federation filed the suit, originally made in California state court in February 2006 and moved at Target's request to San Francisco federal court the following month, on behalf of northern California resident Bruce Sexton, a group member. The suit alleged that "due to Target's failure and refusal to remove access barriers to Target.com, blind individuals have been and are being denied equal access to Target stores" and the "service and benefits offered to the public through Target.com."

Judge Patel ruled that Mr. Sexton hasn't demonstrated he himself has been harmed by Target, but that some potential class members could likely may the same allegations as Mr. Sexton. As a result, a new class representative must be found.

Write to Kevin Kingsbury at kevin.kingsbury@dowjones.com