Hersheypark Class Action Says Website Violates ADA

Hersheypark has been hit with a class action lawsuit claiming that the company’s website is in violation of the Americans with Disabilities Act (ADA).

Plaintiff John Mahoney, a blind person and a member of a protected class under the ADA, says he is unable to access the Hersheypark website, even when using screen reader software.

The plaintiff claims that he has tried to use Hersheypark’s website at least once in the past, but because the company hasn’t built it in a manner that is readable using a screen reader software, he is denied the benefit of much of the services and conduct on the site.

For example, Mahoney claims that the website does not have alt. text, which is an invisible code that is embedded underneath an image. Thus, he is not able to see which products are on the screen because Hersheypark does not adequately describe the content.

Also, the Hersheypark class action claims that the website contains numerous broken links, which is especially immobilizing because the visually-impaired person is unable to navigate or determine where one is on the website.

“By failing to make its Website available in a manner compatible with computer screen reader programs, Hershey Park, a public accommodation subject to Title III, deprives blind and visually-impaired individuals the benefits of its online goods, content, and services,” the Hersheypark class action lawsuit states.

The plaintiff alleges that the Hersheypark website has never been accessible to the blind because the company has never had a corporate policy that would cause its website to become accessible.

Mahoney seeks a permanent injunction against Hersheypark which would require the company to hire a consultant who would assist in making their website more accessible to the visually-impaired.

In addition, the permanent injunction would make sure that Hersheypark would work with a consultant to make sure that all employees who work within the website development team get website accessibility training on a periodic basis.

Also, the Hersheypark class action lawsuit seeks to ensure that Hersheypark would place an accountability policy on its website which will also include an email address and phone number to report problems with website accessibility.

The Hersheypark class action lawsuit states, “Web-based technologies have features and content that are modified on a daily, and in some instances, an hourly, basis, and a one time ‘fix’ to an inaccessible website will not cause the website to remain accessible without a corresponding change in corporate policies related to those web-based technologies.”

The plaintiff claims that in order for a website to remain accessible to the visually-impaired, the website must be viewed on an ongoing basis utilizing both automated screening software and testing by disabled individuals.

“Due to Defendant’s failure and refusal to remove access barriers to its website, Plaintiff and visually-impaired persons have been and are still being denied equal access to Defendant’s Website, and the numerous goods and services and benefits offered to the public through the Website,” the Hershey class action lawsuit states.

The plaintiff is represented by David S. Glanzberg of Glanzberg Tobia Law PC.

The Hersheypark ADA Class Action Lawsuit is Mahoney v. Hershey Entertainment & Resorts Company, Case No. 2:19-cv-03835-TJS, in the U.S. District Court for the Eastern District of Pennsylvania.

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