Lawsuit: Blind people can’t use Planet Fitness website

A visually impaired Miami man is suing Planet Fitness in a Florida federal court, claiming he is unable to properly access its website and the fitness club chain fails to provide much-needed accommodations. Plaintiff Juan Carlos Gil, along with Access 4 All Inc., a Florida not-for-profit, filed their lawsuit against Planet Fitness Franchising LLC, doing business as Planet Fitness, in the U.S. District Court for the Southern District of Florida. In their July 13 filing, the plaintiffs accuse Planet Fitness of unlawful disability discrimination in violation of the Americans with Disabilities Act, or ADA. The New Hampshire-based company has more than 2,700 gyms, making it one of the largest fitness clubs in the country. “The broad mandate of the ADA is to provide an equal opportunity for individuals with disabilities to participate in and benefit from all aspects of American civic and economic life,” the complaint states. “That mandate extends to internet e-commerce websites, such as the Website at issue in the instant action.” According to his complaint, Gil cannot navigate websites without screen-reading software that allows him to read website content using his computer. Gil claims he is not entirely blind. He notes that many blind people have limited vision, while others have no vision at all. The terminology “blind” or “visually impaired” refers to the legal definition of blindness. This means a visual acuity with correction of less than or equal to 20 x 200, the complaint notes. Gil is an advocate for the blind and also is a “tester” for the purposes of asserting his civil rights and monitoring, ensuring, and determining whether public places and/or their associated websites are in ADA compliance. “Because he is visually disabled, Plaintiff cannot use his computer without the assistance of appropriate and available auxiliary aids, screen reader software, and other technology and assistance,” his complaint states. “Screen reader software translates the visual internet into an auditory equivalent. At a rapid pace, the software reads the content of a webpage to the user.” Gil contends that because Planet Fitness is open to the public, it is a place of public accommodation subject to ADA requirements. Its website, he argues, is a “nexus to” or an “extension of and gateway to” the company’s brick-and-mortar gyms. “As such, the Website is a necessary service, privilege, and advantage Of Defendant’s brick-and-mortar stores that must comply with all requirements of the ADA, must not discriminate against individuals with visual disabilities, and must not deny those individuals the same full and equal access to and enjoyment of the goods, services, privileges, and advantages afforded the non-visually disabled public both online and in the physical stores,” the filing states. Gil claims he visited the gym’s website in April or May, and plans to visit a nearby Planet Fitness in November and December. He also noted in the filing that he intends to monitor the website, as a tester, for the remainder of 2026. He argues the Planet Fitness website contains various “access barriers” that prevent him and other blind and visually disabled individuals from full use. They include images that fail to have alternate text and functions that cannot be performed by keyboard alone. He alleges he attempted to locate an “accessibility” notice, statement, or policy on the website – to be directed to contact information for disabled individuals having difficulty navigating – but failed to find any. “The fact that Plaintiff could not communicate with or within the Website left him feeling excluded, frustrated, and humiliated, and gave him a sense of isolation and segregation, as he is unable to participate in the same shopping experience, with the same access to the merchandise, sales, services, discounts, and promotions, as provided at the Website and in the physical stores as the non-visually disabled public,” his filing states. Gil seeks, among other things: an order requiring Planet Fitness update its website; an order requiring it clearly display the universal disabled logo on the website; an order requiring it provide ongoing support for web accessibility by implementing a website accessibility coordinator; an order directing the company to establish a policy for website accessibility; and an order requiring Planet Fitness to conduct “automated accessibility tests” of the website at least once every three months. He also seeks attorney fees. The Mineo Salcedo Law Firm PA in Davie, Florida, is representing Gil and Access 4 All in the action.