28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) (published 2008)

(f) Hold and release of accessible seating. A public entity may release unsold accessible seating to any person with or without a disability following any of the circumstances described below:

(1) When all seating (excluding luxury boxes, club boxes, or suites) for an event has been sold;

(2) When all seating in a designated area in the facility has been sold and the accessible seating being released is in the same designated area; or

(3) When all seating in a designated price range has been sold and the accessible seating being sold is within the same designated price range.  Nothing in this provision requires a facility to release wheelchair seats for general sale.