National Federation of the Blind et al v. Target Corporation

Filing 49

ERRATA re 42 Reply to Opposition to Motion for Preliminary Injunction by National Federation of the Blind, Bruce Frank Sexton, the National Federation of the Blind of California, National Federation of the Blind, Bruce Frank Sexton, the National Federation of the Blind of California. (Attachments: # 1 # 2 # 3 # 4 # 5)(Paradis, Laurence) (Filed on 7/14/2006)

National Federation of the Blind et al v. Target Corporation

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EXHIBIT 13

Dockets.Justia.com

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1 2 3

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION )

4 NATIONAL FEDERATION OF THE BLIND, ) 5 the NATIONAL FEDERATION OF THE 6 BLIND OF CALIFORNIA, on behalf of ) 7 their members, and Bruce F. Sexton,) 8 on behalf of himself and all others) 9 similarly situated, 10 11 V. 12 14 15 16 17 18 19 20 21 22 ATKINSON-BAKER, INC. COURT REPORTERS 23 [phone] www.depo.com 24 FILE NO.: A00554A 25 REPORTED BY: TERESA IDEN, CCR NO. 646 1 ) ) DEFENDANT ) ORAL DEPOSITION OF DAWN WILKINSON TAKEN IN LITTLE ROCK, ARKANSAS JUNE 21, 2006 ) ) NO. C06-01802 MHP PLAINTIFFS)

13 TARGET CORPORATION,

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1A 2Q 4A 5Q 6A 7Q 9A 10 Q 12 A 13 Q 14 A 15 Q 16 A 17 Q

No. You don't have any kind of training with related to No. Okay. How about in computer use, generally? No. Okay. If I'm silent, by the way, it's because I'm Oh. -- don't -- don't worry about that. Have you had No, I have not. How about web design? No. I'm clueless -Okay. -- in web design. Okay. Can you please describe your job history,

3 adaptive software?

8 listening to my notes here, so --

11 any training in computer software?

18 beginning with your current job and going backwards? 19 A Okay. That's easy. It's the only job I've had. I 20 started in the fall of '98 -- in August of 1998. And I 21 started as a Braille Instructor at the School for the 22 Blind, teaching elementary children K-6. 23 Q 24 A Okay. And I taught braille with the addition of -- one

25 year I think they added an Arkansas History course on 9

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1 me, and one year I -- I taught a couple of math classes 2 with the only three students in there, as well. And 3 then, until August of this past year, when I began 4 teaching Adaptive Technology to secondary students. And 5 so, this is my first year working with 7-12. There were 6 one or two occasions where I had, like, one or two 7 students, during my braille instruction time that they 8 were students who had just come in and lost their 9 vision, you know, right recently within the last six 10 months or so. And just -- they wanted someone to help 11 them with braille and just sort of, you know, show them 12 a little bit about what they could still do on a 13 computer --very, very basic stuff, but other than that, 14 this is my first year of ever actually teaching adaptive 15 technology full-time. 16 Q 18 A 19 Q 20 A 21 Q 22 A 24 A And you said that you teach adaptive technology to Uh-huh. Is that right? Uh-huh. But not elementary school? No. I have -- I usually have on average of three to 17 7th through 12th graders?

23 Q Is it a mixed classroom that you teach in? 25 four students at a time, per class period. And they're 10

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1 braille displays and I have various types of braille 2 displays in my classroom. All of my students that I 3 have are -- I have probably -- well, all of them are 4 braille readers currently, that I'm teaching. I don't 5 have any students that I'm teaching any screen6 magnification software or any of that kind of stuff. 7 They're all braille readers, and so we do a lot with 8 note-takers and that kind of thing. So, there is 9 probably, you know, there is not as much time on JAWS as 10 you would -- as you might think. But there's a wide 11 variety of stuff going on. 12 Q 14 A Okay. You mentioned that you teach more than one I -- well, we have JAWS as our -- it's on our 13 screen reader; is that right? 15 network, so we're kind of stuck to using pretty much 16 JAWS, but I bring in a lot of, like, demos and things 17 that, you know, Window-Eyes and Freedom Box and things 18 that, you know. I have some students that have laptops 19 and that have -- like, with Toshiba's laptop, for 20 instance, you know, you get a -- it comes with its own 21 little screen reader -- makeshift screen reader thing. 22 And but you know, and so we'll try things like that out. 23 You know, we'll discuss, "Okay. Why is this not exactly 24 -- you know, what are some of the things that this can 25 do that, you know -- or can't do that JAWS can probably 13

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1 handle better?" Or you know, for if you just want to do 2 your Windows Media Player or whatever, you know, if 3 you're interested in a certain task then maybe this is 4 okay for you for this particular part of your, you know, 5 whatever you're going to need it for over the summer. 6 And we've even played with Microsoft Narrator, if you 7 know what that's like. Just to see, you know, because 8 some of the kids didn't even know that it existed. They 9 were like, "What?" And so, you go, "Yeah, it's here." 10 And it's a very minimal option, but there it is. We -11 we just do different comparisons and such. 12 Q Okay. Well, I guess that -- just asking you about 13 those pieces of technology that you use to -14 A 15 Q 17 A 18 Q 19 A 20 Q 21 -22 A 23 -24 Q Right. 25 A -- screen reader options and -14 No. What do you mean? Out of all those different Uh-huh. -- access the Internet, what do you -- what piece Most. All of them. Um, -I'm sorry. Were you asking a question or was that

16 of technology do you use with kids?

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1 BY MR. BASRAWI: 2Q 3A 5Q 7A 8Q 9A 10 Q 11 A Do you -- I'm sorry. Well, I just know that some links could be labeled So, you have gone to web pages that say, "Graphic," Uh-huh. -- has a label on it, correct? Uh-huh. For a link? Uh-huh.

4 a little better than others. But -6 and then --

12 Q And does that make it easier than if there wasn't a 13 label on that graphic, to identify that link? 14 16 A MR. PLUNKETT: Objection. Vague. Well, for essence of time -- for essence of time 15 BY THE WITNESS: 17 and you know, the speaking commands, on trying to figure 18 out what it is, you know, yes. It's obviously easier. 19 BY MR. BASRAWI: 20 Q 21 22 23 24 25 Okay. MR. BASRAWI: All right. Let's take a break, if you want. Five minutes? MR. PLUNKETT: Sure. (WHEREUPON , a short break was taken, after which the deposition proceedings resumed as 43

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1Q 3

Okay. Well, I mean, have you ever been to a MR. PLUNKETT: Objection. Vague.

2 website that you have found difficult to use? 4 BY THE WITNESS: 5 A Difficult to use, yes. 6 BY MR. BASRAWI: 7Q Okay. And what websites would those be, if you 8 remember? 9 A Offhand, I don't really remember specifically. I 10 mean, it's been a long time since I've probably found 11 something that I just thought, "Oh," you know. In my 12 personal experience, in most of them, even if things 13 aren't labeled or whatever it's been just -- it's -- you 14 know, you can access a link and find out what it is. 15 And then a lot of times, if you get -- depending on the 16 website -- but if you get -- even in the very first 17 page, if the very first homepage or something doesn't 18 work so well and you get on to the next link, everything 19 else works, you know, fine in some -- in some instances. 20 But you know, you might not have been able to read the 21 label for the link but, boy, once you hit it and found 22 out that that was the calendar or that was the, you 23 know, whatever, it read wonderfully. It's -- but that's 24 one that has just been my -25 Q Okay. 50

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1 A -- my experience as far as -- you know, most things 2 I pretty much think I've been able to figure out, work 3 around, and do -- do what I needed to get done. It 4 might not have been always the easiest thing in the 5 world, but it was -- it was doable. 6Q 8 9 11 A 13 Q 14 A 16 Q And do you find it frustrating when you encounter MR. PLUNKETT: Objection. Lacks foundation. Vague. Maybe initially. You do? Initially. I mean, I go, "You know, okay, I'll Just so we're -- we understand what we're talking 7 websites like that?

10 BY THE WITNESS: 12 BY MR. BASRAWI:

15 figure this out." And you usually do, you know. 17 about, what -- you know, what do you mean by "difficult 18 to use"? 19 20 MR. PLUNKETT: Objection. Lacks foundation.

21 BY THE WITNESS: 22 A Um -- I think it -- I mean, it varies. I mean, it 23 just totally varies on whatever kind of website. I 24 mean, some of them will just say, "Graphic," and that's 25 it. Or some of them will say a bunch of stuff and it'll 51

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1Q 3A

Okay. I understand that you visited target.com on Yes.

2 May 23rd; is that correct? 4 Q Okay. And at that visit, you used Freedom Box; is 5 that correct? 6A Yes. 7 Q Did you notice any differences in the way you were 8 able to access target.com on that occasion from previous 9 occasions? 10 A When it first comes up, the first thing it says is, 11 "Can I help you find something?" And where as, you 12 know, JAWS would start reading more of the, "Target.com, 13 duh, duh, duh, duh." You know, it would read the whole 14 thing and then it would get to the, "Can I help you find 15 something?" You know, it was -- Freedom Box, when it 16 comes up, it's kind of designed to kind of start at the 17 -- like you know, big catch phrase. And then, of course 18 with Freedom Box, when you -- a portion of the page -19 you have to change that a little. I mean, the page is 20 - was going to be a little different that time because I 21 had been -- I had already created my account with JAWS 22 the time before. But I did actually log out and, you 23 know, tell it that I wasn't me at one point just to see 24 kind of how it came up and what it said. But other than 25 not having to enter, of course, Forms Mode when you fill 86

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1 in -- like if you want to do a Search or if you're 2 entering your username or password or any of the other 3 stuff, the quantity. You -- of course, you don't have 4 those shortcuts. Like, there's certain shortcuts that 5 maybe JAWS might have that Freedom Box doesn't. I mean, 6 you can still use -- you can still use, like you know, 7 "E" to go to Edit for, you know, form fields and that 8 kind of thing. There are some things -- of course 9 Windows Find is going to work the same as it always 10 does. But, like, "B" for -- things like "B" for button 11 and things like that are -- you know, are different. It 12 uses -- you use a modifier key and "H" to do headings. 13 You can use your -- whatever your modifier key is 14 because you can customize that. You can have it either 15 be your Insert or your Shift key -- you can -- you have 16 control over what your modifier key is, with Freedom 17 Box. So, you can -- you can still do things, it's just 18 a little bit different. And then, like, the checkout -19 the "Proceed to Checkout" button. With Freedom Box, you 20 hit Enter and it works great. So, with JAWS, when I got 21 to the "Proceed to Checkout" button -- and honestly, 22 every other button worked fine -- but "Proceed to 23 Checkout", you hit Enter -- and you can hit Enter all 24 day, and it just sits there. 25 Q And this is with which? 87

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1A

With JAWS. And so, with JAWS, you -- you do your

2 Insert+Z and turn off your virtual cursor and then you 3 tab over to find that "Proceed to Checkout" button 4 again, with your Virtual PC cursor off, and hit Enter 5 and it works fine. And then you can turn your cursor 6 back on and everything works beautifully. But with 7 Freedom Box, you didn't have to do that. You just hit 8 Enter and it will -9 Q And you're talking about the "Proceed to Checkout" 10 button when you're going to make a purchase? 11 A 12 Q Uh-huh. And do you know where that button was located, on

13 the page? 14 A It's after you -- you've got your "Contents of Your 15 Cart" and you've got -- it'll say, you know, "Quantity," 16 "Update," "Delete," you know, for each item that's in 17 there. And you keep tabbing across and you'll see all 18 the stuff in your cart. And then there's something that 19 says -- you've got, like, a "Continue Shopping," button 20 and then there's -- and it's right -- right in that 21 vicinity when you're -- when you're tabbing across. And 22 when your Virtual PC cursor is off, your arrow keys do 23 not work so well. It jumps around the screen too much. 24 So, you have to tab to find it. Because even if you're 25 directly on it and you -- and you do that Insert+C, to 88