Miami Heat Class Action Says Online Store Not ADA Compliant

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Last week, Miami Heat Limited Partnership was hit with a class action lawsuit alleging the team’s online store is in violation of the Americans with Disabilities Act because it is not accessible to consumers who are visually impaired.

Plaintiff Andres Gomez, who is blind, says that he has visited the Miami Heat’s online website in conjunction with an intent to purchase merchandise from one of the National Basketball Association team’s brick and mortar stores.

Gomez states that the Miami Heat website is a place of public accommodation that must comply with the ADA, and that the Miami Heat must ensure that individuals with disabilities are able have full and equal enjoyment of the services offered on the website.

“Defendant offers its merchandise-related website, which is fully integrated with its brick and mortar stores, to the general public and as such, they have subjected themselves to the ADA,” Gomez says in the Miami Heat class action lawsuit.

The Miami Heat website can be used by consumers to locate stores, view products and services, and to obtain other information. Because it is integrated with its physical stores, the website must comply with the ADA, meaning it must not discriminate against individuals with disabilities, Gomez alleges.

According to the Miami Heat class action lawsuit, the NBA team’s website contains digital barriers that prevent blind and visually impaired consumers from using assistive technologies such as screen reading software to access website content.

“By failing to adequately design and program its website to accurately and sufficiently integrate with screen reader software, Defendant has discriminated against Plaintiff and others with visual impairments on the basis of a disability by denying them full and equal enjoyment of the website,” in violation of the Americans with Disabilities Act, the Miami Heat class action lawsuit alleges.

Gomez says he uses screen reader software to read online content. Despite several attempts at accessing the Miami Heat online store, the website failed to integrate with his screen reader software or an option to permit visually impaired consumers access to the site through other means, the Miami Heat class action lawsuit alleges.

“The barriers at the website have caused a denial of Plaintiff’s full and equal access multiple times in the past, and now deter Plaintiff from attempting to use Defendant’s website and related stores,” Gomez says in the Miami Heat class action lawsuit. He states that he has suffered tangible injuries including loss of dignity and mental anguish due to the alleged discrimination.

Gomez filed the Miami Heat ADA class action lawsuit on behalf of himself and a proposed Class of legally blind individuals who have attempted or who will attempt in the future to access the Miami Heat’s website using screen reader software.

The Miami Heat class action lawsuit seeks injunctive relief, Class certification, attorneys’ fees and costs, and other relief the court deems appropriate.

Gomez is represented by Anthony J. Perez of Garcia-Menocal & Perez PL.

The Miami Heat ADA Violations Class Action Lawsuit is Andres Gomez v. Miami Heat Limited Partnership, Case No. 1:18-cv-22920, in the U.S. District Court for the Southern District of Florida.