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Saturday, April 27, 2024

Lawsuit says White Sox discriminate by making it hard to buy wheelchair accessible seats online

Lawsuits
Webp guaranteed rate field

Guaranteed Rate Field, home of the Chicago White Sox | By Jordano53 - Own work, CC BY-SA 4.0, https://commons.wikimedia.org/w/index.php?curid=80783686

The Chicago White Sox have been hit with a class action lawsuit accusing the team of violating the rights of fans with disabilities by making it too difficult to secure tickets for accessible seats on the team’s website.

On Sept. 13, attorneys with disability rights advocacy group Access Living of Metropolitan Chicago and the firm of Much Shelist, of Chicago, filed suit in Chicago federal court on behalf of a group of potentially thousands of plaintiffs.

The lawsuit vs Chicago’s South Side Major League Baseball team comes on the heels of an effort by other people with disabilities to sue the Sox’s intracity rivals, the Chicago Cubs, for allegedly discriminating against fans with disabilities by not offering enough accessible seating at Wrigley Field.

A federal judge ruled for the Cubs in that lawsuit. The plaintiffs have appealed.

The new action against the White Sox, however, does not allege the team fails to supply enough accessible seating at Guaranteed Rate Field.

Rather, the lawsuit asserts the White Sox have violated federal anti-discrimination law by forcing those with disabilities to call the White Sox ticketing office if they wish to secure season tickets for accessible seats, rather than allowing them to simply select their seats online, as can be done with standard seating.

Further, the lawsuit accuses the Sox of discriminating by “only offering a small percentage of accessible seats for sale on their website” for single game tickets, as well, and “frequently limiting them to only certain areas of the stadium or certain games during the year.”

The lawsuit asserts for most of the 2023 season, most accessible seating was restricted to less desirable areas in the outfield or in the upper deck.

“Only after the White Sox were assured of not making the playoffs did the White Sox release some accessible seats for sale closer to the infield or main level,” the complaint asserts.

“… During a season where the White Sox have been historically bad and large swaths of seats at the ballpark remain empty, the White Sox have continued to engage in practices that discriminate against individuals with disabilities who wish to attend games,” the lawsuit said.

The lawsuit is led by named plaintiffs Douglas McCormick, of Chicago, and Ralph Yaniz, of Park Ridge. According to the complaint, McCormick has limited mobility, and is largely restricted to using a motorized scooter to move about.

According to the complaint, Yaniz must use a wheelchair for mobility.

According to the complaint, both men purchased season tickets previously, but now assert the team has mistreated them by allegedly refusing to allow them to purchase new tickets for seats explicitly designated as wheelchair or scooter accessible through the team’s website.

They said they have repeatedly noted large numbers of accessible seats, particularly in more desirable seating locations along the baselines, have remained unsold at games they have attended.

They assert the team’s actions amount to violations of the Americans with Disabilities Act.

They are seeking to expand the action to include all people who may “qualify for wheelchair accessible seating who seek to attend a home game played by the White Sox,” as well as all those who attempted to purchase accessible seating season tickets.

The plaintiffs did not estimate how many people that may include, but noted the White Sox have averaged more than 18,000 fans per home game in 2023, and that as many as 21% of Americans over the age of 15 can qualify as having a disability.

The plaintiffs are seeking a court order declaring the White Sox are in violation of the ADA, and requiring the White Sox to make all wheelchair accessible seating available for sale on their website, for both season tickets and single games.

They are also seeking attorney fees.

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