Blind kid Suing Sony for Disability Discrimination

[Aesir]

Here's the article; http://blogs.findlaw.com/injured/2009/11/for-blind-lawsuit-against-sony-is-clear.html

So what we have here is a blind kid who feels he's being discriminated against because he cannot enjoy video games like his non-blind friends can. To make his case he argued that the American with Disabilities Act supports his position that Sony is indeed guilty of discrimination.

Lets look at the Americans With Disabilities Act;

http://public.findlaw.com/civil-rights/disability-discrimination/ada-overview(1).html

More imporantly a certain line:

Public accommodations must comply with basic nondiscrimination requirements that prohibit exclusion, segregation, and unequal treatment. They also must comply with specific requirements related to architectural standards for new and altered buildings; reasonable modifications to policies, practices, and procedures; effective communication with people with hearing, vision, or speech disabilities; and other access requirements. Additionally, public accommodations must remove barriers in existing buildings where it is easy to do so without much difficulty or expense, given the public accommodation's resources.

Now I'm not an expert on constitutional law, but I do know the law quite well. To me this seems to completely destroy his case.

Reasonable Modifications, modifying video games to the blind is unreasonable. Video games use your eyes, and other senses but mostly your eyes. How does he expect Sony to make their products more user friendly with the blind when the product it's self is completely dependent on vision. This would be no different then going to Ford or GM and suing them because they don't make blind friendly cars.

 

[manhunter098]

I think I would agree with you there, on top of that, I am not even sure how video games, as a product, would even fall under public accomodations, though I am not sure if there is any precedent being upheld that would even require making products that are usable by disabled persons.

I wonder if Sony makes any PC games that are compatible with the blind, I don't really draw a line between video games and computer games, and computers are a LOT more friendly towards the blind than video game consoles are.


I think he would be a lot better off trying to prompt Sony to make its PlayStation Network more accessible to those with disabilities, because at least then he might be capable of demonstrating that is it a public accommodation (a lot more-so than something that is purely a retail product).

 

[Overload]

This is just ridiculous. They're called VIDEO games for a reason. They require you to be able to see. I think the kid is just angry that he can't enjoy video games and wants to use this as an attempt to force a company to develop games for the blind or something.

 

[Mewter]

That makes perfect sense. Another great alternative is to sue radio broadcasting companies now because deaf people can't listen to the radio? One more step toward eliminating discrimination!

"Reasonable" is the keyword here. Anything having to do with blind people suing over playing a video game is bologna in my book. And you can argue semantics however you want, it doesn't change that video games are just made for the non-sight challenged. What if someone wears glasses or contacts? If they lose them and can no longer see the screen anymore, can they sue? Can a leg amputee sue a bicycle company because they are feeling left out of their group of bicyclist friends? Changing video games to accommodate the blind is not reasonable at all. It's practically impossible.



Edit:
Unless I'm missing the point here?

 

[AltF4]

I don't think he's suing to make Sony develop a magical device that will allow him to see video games, guys. This is just one of those headlines that looks misleading.

The suit is about the parts of games and other services (like the Sony PSN) that can conceivably be accessible to the blind. They have electronic braille machines, you know. Sony could make a device driver for one for use with the PS3. Or just voice the menus. Etc...

Should large game companies like Sony make their stuff disability accessible? Perhaps. I'm more concerned about the affect on smaller outfits. If some undergrad makes a video game in his basement, should he be obligated to accommodate the blind? ... I'd think not. So where would you draw the line.

Looks like the guy in the suit is asking for some money too. That part of the suit looks like a stretch at best.