A&E Class Action Says Website Isn’t Accessible to Hearing Impaired Users

A class action lawsuit alleges that A&E Television Networks’ website isn’t accessible to hearing impaired users, because the audio portions of the videos are too quiet for many users to hear, and the videos aren’t closed captioned.

Plaintiff Phillip Sullivan Jr. says that he is a deaf individual living in New York City. Sullivan claims that he browsed History.com, which is operated by A&E Networks, and intended to watch the “Einstein: Einstein’s Nobel Prize” video on the website.

The A&E Network class action alleges that Sullivan encountered numerous barriers to access on the website, and as a result, was unable to watch the video, and other videos on the website.

Sullivan argues that the A&E website violates the American with Disabilities Act because it did not provide him with equal access to the goods and services offered on the website.

Allegedly, other hearing impaired and deaf individuals would also be affected by the website, and would be similarly unable to access the web content.

Sullivan seeks damages on behalf of himself and all other similarly affected consumers. He also seeks an injunction that would require the company to correct its “policies and practices to include measures necessary to ensure compliance with federal and state law.”

In this proposed injunction, the A&E Network class action also requests that the company’s efforts to comply with the ADA be monitored, and Sullivan requests that they update their website to remove barriers to access for hard of hearing and deaf users.

Sullivan says that it is appropriate for him to bring the A&E website access class action lawsuit forward in New York. He says that though the website was created out of New York, the website is used in other states, and the people around the country using the site should be able to be compensated for their alleged injury.

To support this claim, Sullivan cites a previous case against Otter Products LLC in which a judge determined that cases could be brought against websites in states in which the website was used, but not created.

According to the A&E ADA access class action lawsuit, “establishing a customer base in a particular district is sufficient cause for venue placement,” or filing a lawsuit in a particular district.

According to the A&E website class action lawsuit, the Americans with Disabilities Act guarantees people with disabilities “full and equal enjoyment” of a public accommodation’s goods, services, facilities, and privileges.”

The ADA allegedly defines places of public accommodations as including “places of exhibition and entertainment,” “places of recreation,” and “service establishments.”

Sullivan argues that the A&E website falls under the specifications laid out for “public accommodation,” because it offers entertainment and recreation in its web content.

The plaintiff is represented by C.K. Lee and Anne Seelig of Lee Litigation Group PLLC.

The A&E Website Americans with Disabilities Act Violation Class Action Lawsuit is Phillip Sullivan Jr. v. A&E Television Networks LLC, Case No. 1:18-cv-09981, in the U.S. District Court for the Southern District of New York.