Ticketmaster and Live Nation have asked for a lawsuit that alleges it is breaking Californian laws over disability access to be thrown out of court.
San Francisco 49ers fans Abdul and Priscilla Nevarez are suing the ticket operator, the National Football League (NFL), the city and the Santa Clara Stadium Authority over alleged violations of the Disabilities Act and California civil rights laws at Levi’s Stadium.
According to the Law360 website, they claim they were unable to purchase wheelchair-accessible seats to 49ers NFL games over the telephone, and could not access parking lots close to the stadium. The Nevarez’s said that in having to visit the box office at Levi’s Stadium they missed pre-game entertainment.
Ticketmaster and Live Nation told the US District Court for the Northern District of California that by buying tickets, all purchasers agree to a set of terms in a ‘clickwrap’ agreement that included provisions to waive class claims and arbitrate any disputes.
“It is impossible for a Ticketmaster customer to make purchases from the website, let alone visit the website, without understanding and agreeing to be bound by the terms of use,” Ticketmaster and Live Nation argued. “Such clickwrap agreements have been repeatedly been enforced by the courts.”
The NFL, city and stadium argued in February that the suit raises claims that don’t rise to the level of actionable ADA or state law violations.
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