Lynnae is a journalist covering the intersection of technology, culture, and gambling. She has more than five years of experience as a writer and editor, with bylines at SlashGear and MakeUseOf. On the iGaming side,...
Read Full BioA blind Bronx resident has taken DraftKings to court, filing a class action in the Southern District of New York on September 24, 2025. The suit claims the company’s website violates the Americans with Disabilities Act (ADA) and New York civil rights laws by failing to provide equal access for blind and visually impaired users.
The plaintiff, Anthony Benson, says he is permanently blind as a result of a condition called bilateral enucleation and relies on screen-reading software such as NVDA to navigate online. According to the complaint: “Mr. Benson functions with total blindness and requires screen-reading software such as NVDA to access digital content.”
Benson alleges he tried to use DraftKings’ website several times in July and August to enter fantasy football contests and explore in-game wagering options not offered elsewhere, but was blocked by “persistent access barriers” that made the site incompatible with screen-reading software.
“As a blind individual, Plaintiff was denied full and equal access to the platform,” the filing states. Due to these issues, Benson has avoided returning to the site, despite his desire to participate in upcoming NFL fantasy contests and promotions.
This isn’t the first time DraftKings has faced litigation; in April, it was hit with a class-action lawsuit in Pennsylvania over “risk-free” claims.
‘Exclusionary, Not Inconvenient’
In his complaint, Benson argues that not being able to access the DraftKings website is much more than a simple inconvenience; the design keeps blind users from entering contests and using its services.
The complaint highlights numerous barriers on the site that make it difficult for blind users to navigate, including form fields without labels, images without alt text, inaccessible pop-up windows, and broken links scattered across thousands of pages.
According to the lawsuit: “Plaintiff’s experience on www.draftkings.com was not merely inconvenient — it was exclusionary. Each attempt to access contest pages, review specifications, or complete transactions ended in frustration.”
Benson explains that, given that DraftKings is the only platform offering this combination of fantasy contests, in-game wagering, and integrated promotions he’s interested in, he can’t participate unless these barriers are removed.
The complaint adds that Benson is still “interested in using the website and intends to return once it is made accessible — not out of curiosity, but out of necessity.”
An audit conducted by Benson’s in-house accessibility expert found that over 2,100 pages contained “links with empty href or src attributes, including critical contest and wagering pages. These broken links triggered JavaScript errors and prevented screen readers from interpreting or activating navigation elements.”
Broader Implications for Digital Compliance
As part of the lawsuit, the plaintiff highlights the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standard and cites a 2018 U.S. Department of Justice (DOJ) letter that confirms commercial websites must comply with the ADA.
In its guidance, the DOJ explains, “An inaccessible website can exclude people just as much as steps at an entrance to a physical location,” and emphasizes that companies must design their online platforms to be inclusive.
Benson is seeking a permanent injunction from the court that will “…cause a change in the Defendant’s corporate policies, practices, and procedures so that Defendant’s Website will become and remain accessible to blind and visually-impaired consumers.” He is also seeking damages, attorneys’ fees, and certification of a nationwide class of blind users.
