This week in accessibility: NFB v. EPIC
The inaccessible defendant won this round, but don’t count on their victory helping you in a similar situation.
Recently, a Massachusetts district court decided in favor of a defendant who sold inaccessible software and dismissed a suit against them that was filed by the National Federation of the Blind.
Why this case doesn’t matter as much as you might think it does.
Although the case was filed in federal court, this lawsuit alleged a violation of Massachusetts state law. This case doesn’t apply to other defendants unless you are sued in Massachusetts.
The lawsuit was based on an extremely narrow statute. This case alleged violations of Massachusetts General Law ch. 151B § 4(4A) and 4(16) which are employment discrimination laws.
The plaintiff (NFB) wasn’t the employer of the blind person who was discriminated against. Manuel Morse (the blind employee that was allegedly discriminated against) was employed by Brigham & Women’s Hospital (BWH). However, Mr. Morse had already entered into a settlement agreement with BWH, which likely prevented him from being a lawsuit plaintiff.
NFB probably lacked standing to file the suit. Within the first two weeks of law school, every future lawyer has the concept of “standing” drilled into them. It is literally the first thing that courts ALWAYS consider.