Hulu Class Action Says Video Streaming Service Excludes Blind

A class action lawsuit alleges that blind and visually impaired Americans can’t access online streaming services through Hulu in violation of the Americans with Disabilities Act.

The ADA lawsuit was filed by a nonprofit organization that advocates for the blind and visually impaired along with two visually impaired individuals. The plaintiffs allege in their class action lawsuit that Hulu, an internet television streaming service, fails to utilize readily available technology that would make its website and programming accessible to blind and visually impaired individuals.

“Despite readily available technology that would render its streaming services accessible to blind and visually impaired persons, Hulu chooses to exclude these potential users on the basis of disability by refusing to provide audio description tracks and maintaining a website and applications that are inaccessible to individuals using screen readers,” alleges the Hulu class action lawsuit. “By failing to make their online video-streaming services accessible to blind and visually impaired persons, Hulu violates basic equal access requirements under federal law.”

According to the Hulu class action lawsuit, audio description tracks that describe video and television content could be used by Hulu to make its services accessible to the blind. Additionally, the Hulu website is inaccessible to those with visual impairments because it is incompatible with screen reading technology that is widely used. Failure to use this readily available technology violates the Americans with Disabilities Act (ADA), alleges the complaint.

“Entertainment media plays a crucial role in society and American culture,” argues the nonprofit in its complaint. “Notably, this year, anti-gender-discrimination activists have adopted imagery from Hulu’s award-winning 2017 original series, ‘The Handmaid’s Tale.’ ‘The Handmaid’s Tale’ is about a theocracy where women have no rights and are forced to bear children. These women wear striking crimson robes and white bonnets. Across the country, women have attended political demonstrations against gender discrimination dressed in the signature outfit featured so prominently in the show. While ‘The Handmaid’s Tale’ was originally a 1985 novel, it is salient again because of Hulu’s new series. Hulu’s exclusion of blind individuals from its online video streaming services significantly impairs the blind community’s access not only to entertainment, but to the cultural capital that media consumption confers.”

The plaintiffs seek to represent a Class of blind or visually impaired individuals who are deterred from using Hulu because of its failure to use technology that would make it accessible. The plaintiffs allege that Hulu is in violation of Title III of the ADA.

The Hulu class action lawsuit is seeking declaratory relief from the court, as well as an injunction requiring Hulu to utilize technology that would make its services accessible to the blind and visually impaired.

Plaintiffs American Council of the Blind, Bay State Council of the Blind, Kim Charlson and Brian Charlson are represented by Caitlin Parton and Stanley J. Eichner of Disability Law Center Inc. and Rebecca Williford, Sidney Wolinsky and Meredith Weaver of Disability Rights Advocates.

The Hulu ADA Class Action Lawsuit is American Council of the Blind, et al. v. Hulu LLC, Case No. 1:17-­cv-­12285, in the U.S. District Court for the District of Massachusetts.