49ers Fans Settle Ticketmaster, Live Nation Class Action Out of Court

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

Football fans report that they have settled a class action lawsuit alleging the San Francisco 49ers’ stadium fails to comply with Americans with Disability Act standards.

The 49ers’ stadium class action lawsuit was lodged against ticket sellers, Live Nation and Ticketmaster, as well as the National Football League, the City of Santa Clara and Levi’s Stadium after wheelchair bound fans said that they could not access seats within the venue.

The plaintiffs, a husband and wife, alleged that despite calling the ticket sellers, they could not purchase wheelchair accessible seating at the stadium.

Plaintiffs Abdula and Priscilla Nevarez claimed in the 49ers’ stadium class action lawsuit that they and others with mobility issues were effectively barred from obtaining tickets to games at Levi Stadium because they could not select wheelchair-accessible seats.

Ultimately, they say they had to ask their friends with season tickets to change them to wheelchair-accessible seats, which included an extra trip to the stadium box office instead of getting to participate in pre-game activities.

According to the 49ers class action lawsuit, the inability of the Nevarezs and other consumers to obtain wheelchair-accessible seating, as well as parking at the stadium, violates the Americans with Disabilities Act (ADA).

The ADA is a federal law that compels businesses to make their premises, both physical locations and online offerings, accessible to those with disabilities, including mobility, hearing, and visual impairments, as well as other disabilities.

The NFL 49ers’ stadium class action lawsuit alleged that in addition to failing to offer wheelchair-accessible seats from Ticketmaster and Live Nation, they were also unable to purchase parking passes close to Levi’s Stadium.

After achieving certification of their proposed Class, the plaintiffs were compelled to go to arbitration under a ruling by a federal judge.

U.S. District Court Judge Lucy Koh agreed with the ticket sellers that the plaintiffs had agreed to terms of arbitration when they used the Ticketmaster and Live Nation websites. These “clickwrap” agreements included terms that waived class action lawsuits as well.

“Previously, former defendants Live Nation and Ticketmaster filed a motion to compel arbitration, which this court granted. Subsequently, plaintiffs settled their matter with Live Nation and Ticketmaster,” noted the motion for dismissal of the 49ers class action lawsuit.

The 49ers’ stadium class action claims against the city were also tossed by Judge Koh.

Under the terms of the settlement, each party will bear its own attorneys’ fees and costs.

The plaintiffs are represented by Guy B. Wallace, Mark T. Johnson and Sarah Colby of Schneider Wallace Cottrell Konecky Wotkyns LLP, Linda M. Dardarian, Andrew P. Lee and Katharine L. Fisher of Goldstein Borgen Dardarian & Ho, and Adam B. Wolf and Catherine Cabalo of Peiffer Wolf Carr & Kane.

The NFL 49ers’ Stadium Class Action Lawsuit is Abdul Nevarez, et al. v. Forty Niners Football Co. LLC, et al., Case No. 5:16-­cv-­07013, in the U.S. District Court for the Northern District of California.

UPDATE: April 2019, a website has been set up to let Class Members know about their rights under a class action lawsuit that claims football fans with mobility disabilities don’t have equal access to the San Francisco 49ers stadium.

UPDATE 2: On Oct. 7, 2019, the San Francisco 49ers reached a new $24 million settlement with fans who claim that Levi’s Stadium has thousand of non-compliant access barriers that prevent those with mobility disabilities from enjoying the game. 

UPDATE 3: April 2020, the 49ers stadium class action settlement is now open. Click here to file a claim.

UPDATE 4: On July 23, 2020, a federal judge in California granted final approval of a $24 million class action settlement in a case that pitted a Class of football fans against the San Francisco 49ers.