28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities NPRM: Preamble (2008 Title III NPRM Preamble)

Stadium-style theaters. (Section-by-Section Analysis)

Finally, commenters expressed concern regarding the application of a safe harbor to stadium-style theaters.  Lines of sight and dispersal of wheelchair seating in assembly areas, especially in stadium-style theaters, have been the subject of litigation.  The 1991 Standards require that wheelchair seating "provide people with physical disabilities a choice of admissions prices and lines of sight comparable to those for members of the general public."  The 2004 ADAAG adopts specific design guidelines for lines of sight and the dispersal of wheelchair seating.  Cf. 28 CFR part 36, App. A, section 4.33.3; 2004 ADAAG sections 221, 802.  As the Department explained in the ANPRM, however, this guideline is merely the codification of longstanding Department policy.  Because the requirements in the 2004 ADAAG are not a change from that policy, entities that comply with the Department's policy will also be in compliance with the relevant provisions in the proposed standards.