Groupon Class Action Says Lack of Accessible Options Violates ADA

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Groupon violates the Americans with Disabilities Act by failing to offer promotions at disabled-accessible facilities, according to a class action lawsuit.

Plaintiff Andrew Huzar says defendant Groupon Inc. has been failing to offer event tickets and travel arrangements that are accessible to persons with disabilities. In doing so, he argues, Groupon is in violation of Title III of the Americans with Disabilities Act, or ADA.

Title III generally prohibits private owners and operators of “places of public accommodation” from discriminating against disabled persons on the basis of their disability. Under this law, disabled persons are entitled to “the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation.”

Regulations promulgated under the ADA provide that public accommodations selling event tickets must meet several specific requirements to ensure that disabled persons have an equal opportunity to purchase tickets for accessible seating, Huzar says.

Huzar, whose spina bifida requires him to use a wheelchair, says Groupon offers no accessible options at all for disabled persons who want to purchase tickets for accessible seating at sporting events.

In July 2016, Huzar says, he tried to purchase tickets from Groupon to some upcoming New York Jets football games, to be played at MetLife Stadium. Huzar says he knows from experience that MetLife Stadium has wheelchair-accessible seating.

However, Huzar found no tickets on the Groupon website that were designated for wheelchair-accessible seating for the games he was interested in.

Huzar reports having similar trouble making Groupon travel arrangements. In the same month in which he couldn’t get the Jets tickets he wanted, Huzar says he was unable to find wheelchair-accessible hotel accommodations on Groupon.

He tried to take advantage of a “Groupon Getaway” deal by reserving a room at a Red Lion Hotel in Harrisburg, Pennsylvania. Not seeing any signs of wheelchair-accessible accommodations on the Groupon website, he emailed Groupon and asked if wheelchair-accessible accommodations were available with that offer.

A Groupon representative responded with an email saying that “handicap-accessible rooms are not available.”

The plaintiff says he still wants to purchase wheelchair-accessible hotel stays and event tickets from Groupon, but he knows that attempting to do so would be futile due to the lack of such options.

Huzar is proposing to represent two plaintiff Classes. The First Class would cover all U.S. persons with a disability who wanted to purchase an accessible-designated ticket to a public event through the Groupon website but were unable to make such a purchase because of a lack of accessible ticket options.

The Second Class would cover all U.S. persons with a disability who were similarly unable to purchase accessible travel arrangements through Groupon.

He seeks a court injunction that would require Groupon to bring its policies and practices in line with ADA requirements.

Huzar is represented by attorneys Garret S. DeReus of Bizer & DeReus and Charles McElvenny of the Law Office of Charles E. McElvenny.

The Groupon Disability Discrimination Class Action Lawsuit is Andrew Huzar v. Groupon Inc., Case No. 1:17-cv-05383, in the U.S. District Court for the Northern District of Illinois.