Guidance on the 2010 ADA Standards for Accessible Design

Analysis and Commenta ry o n the 2010 ADAStandards Department believes that for each specific Sections 221.2.3.2 and 221.3 of the 2010 facility that is designed, the owner, operator, Standards require wheelchair spaces and and design professionals will be able to companion seats to be vertically dispersed distinguish easily between seating locations at varying distances from the screen, and the quality of the associated lines of performance area, or playing field. The sight from those seating locations in order 2010 Standards, at section 221.2.3.2, also to decide which ones are better than others. require wheelchair spaces and companion The wheelchair locations do not have to be seats to be located in each balcony or exclusively among the seats with the very mezzanine served by an accessible route. best lines of sight nor may they be exclusively The final regulations at 28 CFR 35.151(g) among the seats with the worst lines of sight. (1) and 36.406(f)(1) also require assembly Rather, wheelchair seating locations should areas to locate wheelchair spaces and offer a choice of viewing experiences and be companion seats at all levels of the facility located among the seats where most of the that include seating and that are served by an audience chooses to sit. accessible route. The Department interprets that requirement to mean that wheelchair Section 4.33.3 of the 1991 Standards and companion seating must be provided requires wheelchair spaces and companion in a particular area even if the accessible seating to be offered at a choice of admission route may not be the same route that other prices, but section 221.2.3.2 of the 2010 individuals use to reach their seats. For Standards no longer requires wheelchair example, if other patrons reach their seats spaces and companion seats to be dispersed on the field by an inaccessible route (e.g., by based on admission prices. Venue owners stairs), but there is an accessible route that and operators commented during the 2004 complies with section 206.3 that could be ADAAG rulemaking process that pricing is connected to seats on the field, accessible not always established at the design phase seats must be placed on the field even if that and may vary from event to event within the route is not generally available to the public. same facility, making it difficult to determine The 2010 Standards, at section 221.2.3.2, where to place wheelchair seats during the provide an exception for vertical dispersion design and construction phase. Their concern in assembly areas with 300 or fewer seats if was that a failure by the venue owner or the wheelchair spaces and companion seats operator to provide a choice of ticket prices provide viewing angles that are equivalent for wheelchair seating as required by the to, or better than, the average viewing angle 1991 Standards governing new construction provided in the facility. could somehow unfairly subject parties involved in the design and construction to liability unknowingly. 114 - Guidance on the 2010 Standards: Titles II and III Department of Justice