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

9. Amend § 36.308 as follows:

a.  Revise paragraphs (a)(1)(i), (a)(1)(ii), introductory text, (A), and (B), and (b);

b.  Add paragraphs (a)(1)(iii) and (c) to read as follows:

§ 36.308 Seating in assembly areas.

(a)(1) * * *

(i) Provide a reasonable number of wheelchair seating spaces, companion seats, and designated aisle seats; and

(ii) Locate the wheelchair seating spaces and companion seats so that they:

(A) Are an integral part of the seating area and are dispersed to all accessible seating levels; and

(B) Provide viewing angles to the screen, performance area, or other focal point that are equivalent to or better than the average viewing angles provided to all other spectators;

* * * * *

(iii) Companion seats shall be equivalent in size, quality, comfort, and amenities to the other seats in the assembly areas.  Companion seats may be fixed or movable. * * *

(b) New construction and alterations. The provision and location of wheelchair seating spaces and companion seats and designated aisle seats in newly constructed or altered assembly areas shall be governed by the standards for new construction and alterations in subpart D of this part.

(c) Modifications of policy.

(1) Seating areas. When designating seating sections of assembly areas providing spectators with, or entitling them to, distinct services or amenities that are not generally available to other spectators, a public accommodation in assembly areas shall ensure that wheelchair seating spaces and companion seating are provided in each such specialty seating area.  The number of wheelchair seating spaces and companion seating provided in specialty seating areas shall be included in, rather than in addition to, wheelchair space requirements set forth in Table 221.2.1.1 in the proposed standards.

(2) Group ticket purchases.  To the extent possible, a public accommodation in assembly areas shall permit wheelchair users to purchase companion tickets on the same terms that tickets are made available to other members of the public.  In assembly areas with seating capacities exceeding 5,000, designate at least three companion seats for each of five wheelchair seating spaces in order to provide more flexible seating arrangements for families and other small groups.  The group companion seats required by this subsection may be located adjacent to either the wheelchair location or other companion seats.