National Federation of the Blind et al v. Target Corporation

Filing 20

MOTION for Preliminary Injunction filed by National Federation of the Blind, Bruce Frank Sexton, the National Federation of the Blind of California. Motion Hearing set for 6/12/2006 02:00 PM in Courtroom 15, 18th Floor, San Francisco. (Attachments: # 1 Affidavit of Dr. James W. Thatcher# 2 Affidavit of Marc Maurer# 3 Affidavit of Anne Taylor# 4 Affidavit of Bruce F. Sexton# 5 Affidavit of Bob Ayala# 6 Affidavit of Tim Elder# 7 Affidavit of Steve Jacobson# 8 Affidavit of Robert Stigile# 9 Affidavit of Tina Thomas# 10 Affidavit of Terri Uttermohlen# 11 Affidavit of Ken Volonte# 12 Proposed Order Granting Plaintiffs' Motion for Preliminary Injunction)(Paradis, Laurence) (Filed on 5/8/2006)

National Federation of the Blind et al v. Target Corporation

Doc. 20 Att. 6

Case 3:06-cv-01802-MHP

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DISABILITY RIGHTS ADVOCATES 2001 CENTER STREET, THIRD FLOOR BERKELEY, CALIFORNIA 94704-1204 510.665.8644

LAURENCE W. PARADIS (California Bar No. 122336) [e-mail] MAZEN M. BASRAWI (California Bar No. 235475) [e-mail] DISABILITY RIGHTS ADVOCATES 2001 Center Street, Third Floor Berkeley, California 94704 Telephone: [phone] Facsimile: [phone] TTY: [phone] TODD M. SCHNEIDER (California Bar No. 158253) [e-mail] JOSHUA KONECKY (California Bar No. 182897) [e-mail] SCHNEIDER & WALLACE 180 Montgomery Street, Suite 2000 San Francisco, CA 94104 Telephone: [phone] Fax: [phone] TTY: [phone] DANIEL F. GOLDSTEIN (pro hac vice) [e-mail] BROWN, GOLDSTEIN & LEVY, LLP 120 E. Baltimore St., Suite 1700 Baltimore, MD 21202 Telephone: [phone] Fax: [phone] UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION NATIONAL FEDERATION OF THE BLIND, the NATIONAL FEDERATION OF THE BLIND OF CALIFORNIA, on behalf of their members, and Bruce F. Sexton, on behalf of himself and all others similarly situated, Plaintiffs, v. TARGET CORPORATION, Defendant. Case No.: C 06-01802 MHP CLASS ACTION DECLARATION OF TIM ELDER IN SUPPORT OF PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION Hearing Date: June 12, 2006 Time: 2:00 p.m. Judge: The Honorable Marilyn Hall Patel

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Dockets.Justia.com

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DISABILITY RIGHTS ADVOCATES 2001 Center Street, Third Floor Berkeley, CA 94704-1204 [phone]

I, Tim Elder, declare as follows: 1. The facts in this declaration are based upon my personal knowledge. If called to testify,

I could testify competently to the facts described in this declaration. Background 2. 3. 4. I am 26 years old. I reside in Palo Alto, California. I have been legally blind since 2004. Internet Use 5. I have used the screen reading software "JAWS" to access computers and, especially, the

internet for at least six months. 6. I use the internet every day for a variety of functions and activities in my daily life,

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including: email, shopping for groceries and other products, maintaining my own website, browsing and reference, and search functions. 7. I shop online rather than go to a physical store because I find it significantly easier to do

so. To go to a physical store, I must arrange a ride with a friend or family member or use public transportation, which often does not get me within close enough proximity to a store to make such a trip worth the trouble. 8. In addition, when I shop online I can read product labels, descriptions, and price

information that I would not be able to read at a physical place without assistance. 9. Using my screen reader to access the internet has significantly improved my own view of

my independence to conduct personal business without the help of others. Harms Experienced Because of the Inaccessibility of Target.com 10. I would like to shop at Target.com because traveling to the physical retail location

necessitates a significant expense of time, energy, and money. 11. 12. I have attempted on numerous occasions to access Target.com with my screen reader. I have found it extremely difficult, and at times impossible, to browse for and purchase

products on Target.com using my screen reader.

National Federation of the Blind, et al. v. Target Corporation, et al. Case No.: C 06-01802 MHP Declaration of Tim Elder in support of Plaintiffs' Motion for Preliminary Injunction

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