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Gold’s Gym California ADA Accessibility Class Action Lawsuit Overview:
- Who: Daniel Cervantes filed a class action lawsuit against Gold’s Gym California, LLC.
- Why: Plaintiff alleges Gold’s Gym California knowingly constructed and maintained a website inaccessible to blind and visually impaired individuals.
- Where: The class action lawsuit was filed in California federal court.
Gold’s Gym California’s website is not fully and equally accessible to and independently usable by blind or visually impaired people, a new class action lawsuit alleges.
Plaintiff Daniel Cervantes claims Gold’s Gym California’s denial of full and equal access to its website, and therefore denial of its products and services offered thereby and in conjunction with its physical locations, is in violation of the plaintiff’s rights under the Americans with Disabilities Act (“ADA”) and California’s Unruh Civil Rights Act (“UCRA”).
Cervantes is visually impaired and legally blind. He requires screen-reading software to read website content using his computer.
Cervantes seeks a permanent injunction to cause a change in Gold’s Gym California’s corporate policies, practices and procedures so its website will become and remain accessible to blind and visually impaired consumers.
The lawsuit explains that screen-reading software is currently the only method a blind or visually impaired person may use to independently access the internet.
“In today’s tech-savvy world, blind and visually impaired people have the ability to access websites using keyboards in conjunction with screen access software that vocalizes the visual information found on a computer screen,” the class action lawsuit states.
The plaintiff’s allegations stem from his inability to access the defendant’s website, and therefore he claims he was specifically denied the goods and services that are offered and integrated within the defendant’s gyms.
He and other visually impaired persons have been and are still being denied equal and full access to the defendant’s gyms, which help people say yes to results with the best strength and weight training, cardio equipment, group exercise classes and much more offered to the public through the defendant’s website, the class action claims.
Cervantes said during numerous visits to the defendant’s website, he encountered multiple access barriers that denied him full and equal access to the facilities, goods and services offered to the public and made available to the public on the defendant’s website. The plaintiff and Class members have been deterred, on a regular basis, from accessing the defendant’s website. Similarly, the access barriers the plaintiff has encountered on the defendant’s website deterred him and other Class members from visiting the defendant’s physical locations.
The barriers include lack of alternative text (“alt-text”) or a text equivalent, empty links that contain no text, redundant links and linked images missing alt-text.
New Class Action Claims Gold’s Gym Website is not Accessible for Visually Impaired, Does Not Follow ADA Guidelines
Recently, in 2021, Cervantes attempted to do business with Gold’s Gym California but was unable to do so due to the numerous access barriers contained on the website and encountered by the plaintiff.
“If the website were equally accessible to all, plaintiff and Class Members could independently navigate the website and complete a desired transaction, as sighted individuals do,” the class action lawsuit states
The plaintiff and Class Members allege the defendant engaged in acts of intentional discrimination, including, but not limited to, constructing and maintaining a website inaccessible to visually impaired individuals, including the plaintiff and class members; failing to construct and maintain a website that is sufficiently intuitive so as to be equally accessible to visually impaired individuals, including the plaintiff and class members; and failing to take actions to correct these access barriers in the face of substantial harm and discrimination to blind and visually impaired consumers.
The ADA expressly states, “In the case of violations of … this title, injunctive relief shall include an order to alter facilities to make such facilities readily accessible to and usable by individuals with disabilities. .. Where appropriate injunctive relief shall also include the … modification of a policy. ../ 42 U.S.C §12188(a)(2).
Because Gold’s Gym California’s website has never been equally accessible, and because the defendant lacks a corporate policy that is reasonably calculated to cause its website to become and remain accessible, Cervantes is asking the defendant to retain a qualified consultant to assist the company in providing full access to the disabled.
A separate class action lawsuit was filed this month against Kohl’s which also alleged the company’s website violates the ADA by making the site inaccessible to visually impaired people.
Are you a blind or visually impaired consumer who has been unable to access the Gold’s Gym California website? Let us know in the comments!
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2 thoughts onGold’s Gym California Violated ADA, UCRA By Denying Access to Blind, Visually Impaired People, Class Action Says
80% disabled veteran please contact me 5303133202
I am leagally blind.
Its hard to bliw up website to see.
My vision is 40/400
I am on dissability