Blind Plaintiff Sues DraftKings Over Website Accessibility Barriers

• Lawsuit claims DraftKings site blocks blind users’ access.
• Complaint cites ADA and New York disability rights laws.
• Advocates argue accessible design is a civil rights duty.

DraftKings is facing a new legal challenge that, for once, is unrelated to its allegedly aggressive promotional strategies.

A class action filed last week in a New York federal court alleges the company’s website blocks blind consumers from accessing its fantasy sports and gambling services, in violation of federal disability laws.

Plaintiff Anthony Benson, a Bronx resident who is permanently blind, claims he attempted to enter DFS contests and bet on sports live on DraftKings’ platform this summer but found it to be incompatible with his screen-reading software.

How the Blind Read Websites

Blind internet users rely on screen-reading software, which converts websites into speech or braille. But these tools only work when pages are designed with clear labels and accessible navigation.

International Web Content Accessibility Guidelines (WCAG) set out how websites should be designed so people with disabilities, including those who are blind, deaf, or have mobility or cognitive impairments, can use them.

Meanwhile, the US Department of Justice warned businesses that the Americas with Disabilities Act (ADA) applies to online platforms and excluding disabled people from websites is akin to failing to provide wheelchair users with a ramp.

“These barriers were not isolated glitches,” the complaint states. “They were systemic failures that denied Plaintiff the ability to browse, evaluate, and participate in contests and wagering with independence and dignity.”

The plaintiff argues the DraftKings platform is a “place of public accommodation under Title III of the ADA.” It also cites the New York City Human Rights Law, the New York State Human Rights Law, and the state’s Civil Rights Law.

Overhaul Needed

The complaint asks the court to grant a permanent injunction requiring DraftKings to overhaul its website, implement accessibility policies, and maintain compliance with prevailing industry standards.

DraftKings lawyers are yet to file a response to the lawsuit.

DraftKings has faced this fight before. In 2022, a blind user sued citing similar barriers but voluntarily dismissed the case months later, which may or may not indicate an out-of-court settlement.

Nearly one in four US adults has some form of disability, according to the Centers for Disease Control and Prevention. Disability rights advocates argue that accessible web design is a civil rights obligation.