Guidance on the 2010 ADA Standards for Accessible Design

Subpart D - Title III Regulation In the NPRM, the Department proposed required, thus reducing the opportunities Sec. 36.406(f)(2), which prohibits wheel- for persons who need accessible seating to chair spaces and companion seat- have the same choice of ticket prices and ing locations from being “located on (or amenities that are available to other patrons obstructed by) temporary platforms * * in the facility. In addition, use of removable *.’’ 73 FR 34508, 34557 (June 17, 2008). platforms may result in instances where Through its enforcement actions, last minute requests for wheelchair and the Department discovered that some companion seating cannot be met because venues place wheelchair spaces and entire sections of accessible seating will be companion seats on temporary platforms lost when a platform is removed. See 73 that, when removed, reveal conventional FR 34508, 34546 (June 17, 2008). Further, seating underneath, or cover the wheel- use of temporary platforms allows facilities chair spaces and companion seats with to limit persons who need accessible seat- temporary platforms on top of which they ing to certain seating areas, and to relegate place risers of conventional seating. These accessible seating to less desirable loca- platforms cover groups of conventional tions. The use of temporary platforms has seats and are used to provide groups of the effect of neutralizing dispersion and wheelchair seats and companion seats. other seating requirements (e.g., line of sight) for wheelchair spaces and companion Several commenters requested an seats. Cf. Independent Living Resources v. exception to the prohibition of the use of Oregon Arena Corp., 1 F. Supp. 2d 1159, temporary platforms for public accom- 1171 (D. Or. 1998) (holding that while a modations that sell most of their tickets public accommodation may “infill’’ wheel- on a season-ticket or other multi-event chair spaces with removable seats when basis. Such commenters argued that they the wheelchair spaces are not needed to should be able to use temporary platforms accommodate individuals with disabilities, because they know, in advance, that the under certain circumstances “[s]uch a prac- patrons sitting in certain areas for the whole tice might well violate the rule that wheel- season do not need wheelchair spaces and chair spaces must be dispersed throughout companion seats. The Department declines the arena in a manner that is roughly propor- to adopt such an exception. As it explained tionate to the overall distribution of seat- in detail in the NPRM, the Department ing’’). In addition, using temporary platforms believes that permitting the use of movable to convert unsold wheelchair spaces to platforms that seat four or more wheel- conventional seating undermines the flexibil- chair users and their companions have the ity facilities need to accommodate second- potential to reduce the number of available ary ticket market exchanges as required wheelchair seating spaces below the level by Sec. 36.302(f)(7) of the final rule. 64 - Guidance on 2010 Standards: Title III Department of Justice