Guidance on the 2010 ADA Standards for Accessible Design

Analysis and Com menta ry on the 201 0 A DAStandards www.ada.gov/stadium.pdf. The Department angle. The Department is convinced that the also interpreted the section 4.33.3 regulatory language in the 2010 Standards comparable lines of sight requirement to is sufficient to provide a performance-based mean that wheelchair spaces and companion standard for designers, architects, and other seats in stadium-style movie theaters must professionals to design facilities that provide provide patrons with disabilities and their comparable lines of sight for wheelchair companions with viewing angles comparable seating in assembly areas, including viewing to those provided to other spectators. angles. The Department believes that as a general rule, the vast variety of sizes and Sections 221.2.3 and 802.2 of the configurations in assembly areas requires 2010 Standards add specific technical it to establish a performance standard requirements for providing lines of sight for designers to adapt to the specific over seated and standing spectators circumstances of the venue that is being and also require wheelchair spaces and designed. The Department has implemented companion seats (per section 221.3) to more explicit requirements for stadium-style provide individuals with disabilities choices movie theaters in 28 CFR 36.406(f) and of seating locations and viewing angles that 35.151(g) of the final regulations based on are substantially equivalent to, or better experience and expertise gained after several than, the choices of seating locations and major enforcement actions. viewing angles available to other spectators. This applies to all types of assembly areas, Another commenter inquired as to what including stadium-style movie theaters, determines whether a choice of seating sports arenas, and concert halls. These rules locations or viewing angles is better than are expected to have minimal impact since that available to all other spectators. The they are consistent with the Department’s answer to this question varies according to longstanding interpretation of the 1991 each assembly area that is being designed, Standards and technical assistance. but designers and venue operators understand which seats are better and that Commenters stated that the qualitative understanding routinely drives design choices viewing angle language contained in section made to maximize profit and successful 221.2.3 is not appropriate for an enforceable operation of the facility, among other things. regulatory standard unless the terms of such For example, an “equivalent or better” line of language are defined. Other commenters sight in a major league football stadium would requested definitions for viewing angles, be different than for a 350-seat lecture hall. an explanation for precisely how viewing This performance standard is based upon angles are measured, and an explanation the underlying principle of equal opportunity for precisely how to evaluate whether one for a good viewing experience for everyone, viewing angle is better than another viewing including persons with disabilities. The Department of Justice Guidance on the 2010 Standards: Titles II and III - 113