Cinemark Class Action Says Blind Customers Can’t Get Tickets Online

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A visually impaired woman says that she and other legally blind consumers are unable to purchase movie tickets online from Cinemark in violation of the Americans with Disabilities Act (ADA).

Lead plaintiff LeShawn Dawson alleges in her class action lawsuit that she meets the definition of legally blind, or someone who has a visual acuity with correction of less than or equal to 20 x 200.

Pointing out that some who are considered legally blind have limited vision, Dawson claims that Cinemark makes it impossible for those consumers to buy movie tickets online.

“Because Defendant’s website, www.cinemark.com…is not equally accessible to blind and visually-impaired consumers, it violates the ADA,” alleges the Cinemark theater class action lawsuit.

According to the Cinemark class action lawsuit, widely available technology allows those with visual impairments to access the internet for any number of activities. The technology uses a screen reader, but the website being accessed must have compatible software.

“Unless websites are designed to be read by screen-reading software,” points out the Cinemark class action, “blind and visually-impaired persons are unable to fully access websites, and the information, products, goods and contained thereon.”

The Cinemark movie theater class action lawsuit alleges that the website fails to include this widely available technology presenting a “common access barrier” to Dawson and other blind and visually impaired individuals.

“Readily available, well-established guidelines exist on the Internet for making websites accessible to the blind and visually impaired,” states the Cinemark class action lawsuit.

“These guidelines have been followed by other large business entities and government agencies in making their website accessible, including but not limited to: adding alt-text to graphics and ensuring that all functions can be performed using a keyboard.”

Dawson says that on multiple occasions she attempted to access Cinemark’s website to learn about movies, showtimes, locations, and hours of theaters. She alleges she was able to navigate the website because of the following barriers:

• Lack of alternative text
• Empty links that contain no text
• Redundant links
• Linked images missing alt-text

“The access barriers Plaintiff encountered have caused a denial of Plaintiff’s full and equal access in the past, and now deter Plaintiff on a regular basis from accessing the Website,” contends the Cinemark theater class action lawsuit.

The plaintiff alleges that she was further discouraged from visiting Cinemark theaters because she was unable to learn about the hours of operations and showtimes.

Due to its inaccessible website, Cinemark is in violation of the ADA, along with New York law, according to the Cinemark movie tickets class action lawsuit.

“Plaintiff seeks a permanent injunction to cause a change in Defendant’s corporate policies, practices, and procedures so that Defendant’s website will become and remain accessible to blind and visually-impaired consumers,” argues the Cinemark class action lawsuit.

The plaintiff seeks to represent a nationwide Class of legally blind individuals who attempted to access the Cinemark website and have not been able to because of the alleged access barriers.

In addition, Dawson says these Class Members have also been denied access to Cinemark’s theater locations because of the allegedly inaccessible website. The plaintiff also names a subclass of New York residents.

Dawson is represented by Joseph H. Mizrahi of Cohen & Mizrahi and Jeffrey M. Gottlieb and Dana Gottlieb of Gottlieb & Associates.

The Cinemark Website Class Action Lawsuit is Dawson v. Cinemark USA Inc., Case No. 1:19-cv-01348-VSB, in the U.S. District Court for the Southern District of New York.