Legal Battle Over Online Gambling Accessibility: Blind Plaintiff Sues DraftKings Over Website 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.

While DraftKings is a major player in the world of online gambling, the company is currently facing a significant legal challenge that has nothing to do with its betting markets or marketing strategies. The platform is being accused of violating the Americans with Disabilities Act (ADA) by failing to ensure its website is fully accessible to blind individuals, raising concerns about inclusivity within the digital gaming space.

Website accessibility — Image by Boskampi from Pixabay

A group legal action was filed recently in a New York federal court, alleging that DraftKings’ website does not allow blind users to access its fantasy sports and gambling services, which is a blatant violation of federal disability laws.

Plaintiff Anthony Benson, a resident from the Bronx who is permanently blind, asserts that he attempted to participate in Daily Fantasy Sports (DFS) contests and place live sports bets on DraftKings’ platform over the past summer. Unfortunately, he discovered that the site was incompatible with his screen-reading software.

How the Blind Navigate the Internet

Blind users depend on screen-reading software to convert web content into speech or braille. This technology only functions effectively on websites designed with proper labels and accessible navigation paths.

The International Web Content Accessibility Guidelines (WCAG) lay out clear directives on how websites should be structured to cater to individuals with disabilities—those who are blind, deaf, or who possess mobility or cognitive impairments.

Crucially, the US Department of Justice has conveyed to businesses that the ADA encompasses online platforms, asserting that denying access to disabled users is tantamount to failing to provide ramps for wheelchair users.

Benson’s lawsuit points to numerous issues, including unlabeled form fields, promotional graphics lacking alternative text, broken links, and pop-up windows that are not navigable through assistive technologies.

According to the complaint, “These issues were not mere glitches; rather, they represented systemic failures that inhibited the plaintiff’s ability to explore, assess, and engage with contests and wagering platforms independently and with dignity.”

The lawsuit further argues that DraftKings’ platform qualifies as a “place of public accommodation” under Title III of the ADA. It also references the New York City Human Rights Law, the New York State Human Rights Law, and the New York Civil Rights Law.

Required Changes for Compliance

The lawsuit demands that the court issue a permanent injunction obligating DraftKings to completely revamp its website, establish accessibility policies, and ensure ongoing compliance with industry standards.

As of now, DraftKings has yet to respond to these allegations.

Historically, US courts have increasingly recognized inaccessible websites as contraventions of the ADA. A notable rule was established in 2008 when Target settled a pivotal case with the National Federation of the Blind, which led to substantial financial restitution and site improvements.

This is not the first time DraftKings has found itself under scrutiny regarding accessibility issues. In 2022, a blind user initiated a case on similar grounds but decided to withdraw it several months later, raising questions about whether an out-of-court settlement was reached.

As reported by the Centers for Disease Control and Prevention, nearly 25% of US adults have some form of disability. Disability rights advocates emphasize that having an accessible web design is a fundamental human rights issue.

Summary

The ongoing lawsuit against DraftKings demonstrates important implications regarding accessibility in online gambling platforms. It challenges industry norms and emphasizes the necessity for businesses to ensure their websites are usable for all individuals, highlighting that inclusivity is not just a legal concern, but a moral one as well.