MIAMI – A Florida woman alleges the Miami Dolphins’ website violates the Americans with Disabilities Act, arguing it prevents visually-impaired users, such as herself, from accessing services.
Plaintiff Yudy Hernandez filed her complaint in the U.S. District Court for the Southern District of Florida Nov. 5.
“Since the website allows the public the ability to view the products available at Defendant’s locations, purchase products, through Defendant’s website, subscribe to Defendant’s newsletter, create an account and register to track orders, create a wish list, and learn the story behind Defendant’s brand, the website is an extension of, and gateway to, Defendant’s physical stores which are places of public accommodation,” her 30-page complaint states.
“By this nexus between Defendant’s retail store locations and the Website, and the fact that the Website clearly provides support for and is connected to Defendant’s stores for its operation and use, the Website is an intangible service, privilege, and advantage of Defendant’s brick-and-mortar stores that must comply with all requirements of the ADA.”
Hernandez, who is visually impaired, contends the NFL team’s website must not discriminate against individuals with disabilities.
In particular, the website must not deny those individuals the same full and equal access to the “goods, services, privileges, and advantages” as afforded the non-visually disabled public both online and in the physical stores, she argues.
According to her filing, Hernandez utilized ChromeVox, a screen reader software that allows individuals who are blind and visually disabled to communicate with websites. The software translates the visual Internet into an auditory equivalent, reading the content of a webpage to the user at a rapid pace.
Hernandez explained in her complaint that she is a “tester,” determining whether places of public accommodation and websites are in compliance with the ADA and other applicable disability laws.
“Defendant’s Website contains access barriers that prevent free and full use by blind and visually disabled individuals using keyboards and available screen reader software,” she explained, noting her inability to buy tickets on the defendant’s website.
She also alleges the Dolphins implemented tracking software without proper consent, causing damage to users’ computers and unauthorized collection of personal data.
“Plaintiff never consented to and was unaware that Defendant’s website was placing software on her computer,” the complaint states.
“The ‘pop-up’ or banner notice that appears on Defendant’s website does not properly audibilize the cookies policy in a way where a visually disabled person like the Plaintiff can properly understand or give informed consent to allow tracking cookies to be placed on her computer.”
Hernandez, among other things, seeks an order requiring the Dolphins – by a certain date – update its website and remove barriers so individuals with visual disabilities can have access.
She also seeks an order directing the Dolphins to provide mandatory web accessibility training to all employees who write or develop programs or code for its website.
She also seeks an award for attorneys’ fees and costs.
Miami-based Mendez Law Offices PLLC and Adams & Associates PA in Miami Lakes are representing Hernandez in the suit.
