Blind Man Sues DraftKings Citing Website Accessibility Issues

The “original, continuous gamechanger” striving to shape “the present and future of sports entertainment and digital experiences” and “dutifully and soulfully invest in people, processes, and technology to create a secure gaming environment”, DraftKings Inc., is facing a new class action lawsuit in the U.S. District Court for the Southern District of New York.

This time around, the giant is being charged for failing to provide the website accessibility required by the law for the visually impaired. 

Serious Accessibility Issues

Anthony Benson filed the complaint on September 24, seeking class action status for all disabled players who tried to access the site online but weren’t able to do it. 

Of the millions of users the operator has attracted on the U.S. market via aggressive promotion, often deemed misleading, Benson, who is permanently blind as a result of bilateral enucleation, is likely speaking on behalf of many. His lawsuit claims that while federal law forces the platform to offer all the necessary accessibility options for disabled individuals, including people who are blind or visually impaired, the site fails to do it.

The New Yorker, who wants DraftKings to provide home access to screen-reading software, attempted to use the website in July and August for some fantasy football gambling, but soon discovered “persistent access barriers” that rendered the website “incompatible with standard screen-reading software.”

The lawsuit cited a number of “systemic failures,” including unlabeled form fields, broken links, promotional graphics that were missing alternative text, and pop-up windows that were not accessible using special reading software.

Because of them, the man was “denied full and equal access to the platform” and he is still “deterred from returning, despite his intent to participate in upcoming NFL fantasy contests and wagering promotions”, as explained in the complaint. 

Alleged ADA, Human, and Civil Rights Violations

The plaintiff argues that since DraftKings is publicly traded, it is required to offer accessibility options for the blind as per the Americans with Disabilities Act (ADA), the New York City Human Rights Law, and the New York State Civil Rights, all which he claims the company has violated. 

Plus, Benson alleges that the website deficiencies also go against the Web Content Accessibility Guidelines, preventing visually impaired people from enjoying “the benefits of its online goods, content, and services – benefits it freely affords to nondisabled individuals.”

The man is now seeking declaratory relief for himself and all legally blind Americans who have gone through the same ordeal trying to access the website.