A Pennsylvania resident has taken legal action against a fitness company for allegedly violating the Americans with Disabilities Act (ADA) by failing to make its website accessible to visually impaired individuals. The complaint was filed by Matthew Gomberg in the United States District Court for the Eastern District of Pennsylvania on August 23, 2024, targeting Sweat, Inc.
Matthew Gomberg, who is legally blind, asserts that Sweat, Inc.'s website is not compatible with screen-reading software, thereby preventing him and others with visual impairments from accessing essential information and services. According to the lawsuit, this inaccessibility violates Title III of the ADA, which mandates that public accommodations must be equally accessible to individuals with disabilities. "The power of WWW is in its universality. Access by everyone regardless of disability is an essential aspect," Gomberg cites Tim Berners-Lee, founder of the World Wide Web.
Gomberg attempted to use Sweat's website on April 24, 2024, to book a free 21-day trial pass but encountered multiple barriers that made it impossible for him to navigate the site effectively. These barriers included inaccurate heading hierarchies, lack of alt-text on graphics, inaccessible drop-down menus, and ambiguous link texts. As a result, he was unable to access information about services or make an appointment online. The lawsuit claims that these issues deterred him from visiting Sweat's physical location and enjoying its unique services.
The plaintiff seeks a permanent injunction requiring Sweat, Inc. to modify its corporate policies and practices so that its website becomes fully accessible to blind and visually impaired consumers. Specifically, Gomberg demands that Sweat retain a qualified web accessibility consultant to assist in improving the site's accessibility. He also requests periodic automated audits and end-user testing performed by individuals who are blind or have low vision. Additionally, he asks for the creation of a Web Accessibility Policy and training for employees involved in web content development.
Represented by attorneys David Glanzberg and Robert Tobia from Glanzberg Tobia Law P.C., Gomberg is pushing for both declaratory and injunctive relief. The case has been assigned Case No.: 2:24-cv-4419-JMY under Judge John Milton Younge.