Johnson v. Blue Man Productions, LLC, et al.
Dec 22, 2011OUTCOME: Demurrer Sustained With Prejudice and Judgment entered in favor of Blue Man.
Plaintiff, a serial litigant, alleged numerous violations of the ADA, California's Unruh Act and the DPA against the Blue Man Group on the basis that Plaintiff is deaf and could not understand streamin ... g videos posted on Blue Man's website because the videos were not transcribed or captioned and that as a result Plaintiff was prevented from "accessing" Blue Man's shows which at the time was advertised to be held in San Diego, California. We successfully challenged the Complaint by demurrer and argued that the ADA, the Unruh Act and the DPA did not apply under the facts alleged because videos posted on the internet cannot be considered a "public accommodation" as that term is defined under of these acts and facts alleged.
