Guidance on the 2010 ADA Standards for Accessible Design

Subpart D - Title III Regulation As the Department explained in the For stadium-style movie theaters, in Sec. NPRM, however, this provision was not 36.406(f)(4) of the NPRM the Department designed to prohibit temporary seating that proposed requiring placement of wheelchair increases seating for events (e.g., placing seating spaces and companion seats on a temporary seating on the floor of a basket- riser or cross-aisle in the stadium section ball court for a concert). Consequently, the of the theater that satisfies at least one of final rule, at Sec. 36.406(f)(3), has been the following criteria: (1) It is located within amended to clarify that if an entire seat- the rear 60 percent of the seats provided in ing section is on a temporary platform for the auditorium; or (2) It is located within the a particular event, then wheelchair spaces area of the auditorium where the vertical and companion seats may also be in that viewing angles are between the 40th and seating section. However, adding a tempo- 100th percentile of vertical viewing angles rary platform to create wheelchair spaces for all seats in that theater as ranked from and companion seats that are otherwise the first row (1st percentile) to the back dissimilar from nearby fixed seating and row (100th percentile). The vertical view- then simply adding a small number of ing angle is the angle between a horizontal additional seats to the platform would not line perpendicular to the seated viewer’s qualify as an “entire seating section’’ on eye to the screen and a line from the seated the platform. In addition, Sec. 36.406(f) viewer’s eye to the top of the screen. (3) clarifies that facilities may fill in wheel- chair spaces with removable seats when The Department proposed this bright-line the wheelchair spaces are not needed rule for two reasons: (1) the movie theater by persons who use wheelchairs. industry petitioned for such a rule; and (2) the Department has acquired exper- The Department has been responsive to tise in the design of stadium-style theaters assembly areas’ concerns about reduced during its litigation with several major movie revenues due to unused accessible seating. theater chains. See United States. v. AMC Accordingly, the Department has reduced Entertainment, Inc., 232 F. Supp.2d 1092 scoping requirements significantly--by (C.D. Cal. 2002), rev’d in part, 549 F.3d 760 almost half in large assembly areas--and (9th Cir. 2008); United States v. Cinemark determined that allowing assembly areas to USA, Inc., 348 F.3d 569 (6th Cir. 2003). Two in-fill unsold wheelchair spaces with readily industry commenters--at least one of whom removable temporary individual seats appro- otherwise supported this rule--requested priately balances their economic concerns that the Department explicitly state that this with the rights of individuals with disabilities. rule does not apply retroactively to existing See section 221.1 of the 2010 Standards. theaters. Although this provision on its face Department of Justice Guidance on 2010 Standards: Title III - 65