SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND OLYMPIA ENTERTAINMENT, INC. REGARDING JOE LOUIS ARENA

B. Ticket Policies and Pricing:

24. As more specifically described in paragraphs 25 through 29 of this Settlement Agreement, Olympia shall ensure that its ticketing and pricing policies, practices, and procedures for events at Joe Louis Arena afford individuals with disabilities the opportunity to participate in, and benefit from, Joe Louis Arena’s goods and services in a manner comparable to that afforded to other individuals. 28 C.F.R. §36.302(f).

25. Olympia shall ensure that individuals with disabilities have an equal opportunity to purchase tickets for a Wheelchair Seat and adjacent Companion Seat during the same hours, during the same stages of ticket sale, through the same methods of distribution, in the same types and numbers of ticketing sales outlets, and under the same terms and conditions as other tickets sold for the same event or series of events. 28 C.F.R. §36.302(f)(1)(ii).

26. Commencing within thirty (30) days from execution of this Settlement Agreement, Olympia shall ensure that tickets for all Wheelchair Seats and the adjacent Companion Seat will be available for purchase through Ticketmaster in a manner comparable to that afforded to the purchase of general seats. 28 C.F.R. §36.302(f)(1)(ii).

27. Olympia shall allocate and offer the prices of tickets for each Wheelchair Seats and for each adjacent Companion Seats in proportion to the number of general seats in each of price categories as identified in Exhibits 1 and 2, attached hereto.  See 28 C.F.R. §36.302(f)(3).  It is agreed that the price categories and related pricing are subject to change on an annual basis, but will always be proportional to the number of general seats.

28. For each Wheelchair Seat ticket purchased by an individual with a disability, Olympia shall allow the purchase of one Companion Seat as provided in paragraph 23 of this Settlement Agreement.  To the extent the purchaser of the Wheelchair Seat wants additional seating for his or her companions,  Olympia must offer other seats as close as possible to the Wheelchair Seats but such additional seats are not required to be in the areas identified in Exhibit 1 as being established as Wheelchair Seats.  If the additional seats are in a different price category than the Wheelchair Seat, the venue is not required to modify the price and may charge the same price as it charges others for those seats.  However, for any event where Olympia limits ticket sales to fewer than four tickets, those limits shall also apply to tickets for Wheelchair and Companion Seats

29. For all events at Joe Louis Arena, if there are any unsold tickets for Wheelchair Seats and/or adjacent Companion Seats twenty-four (24) hours before commencement of the event, Olympia shall have the right to release such tickets to the general public.  28 C.F.R. §36.302(f)(5).  However, Olympia shall allocate any unsold Wheelchair or Companion Seats in accordance with paragraph 28 before such seats are released to the general public.

30. When all non-accessible series-of-event tickets are sold out and accessible seats have not been sold, Olympia may release and sell the remaining accessible seats to individuals without disabilities for a series of events.  However, Olympia shall establish a process that prevents the automatic reassignment of the accessible seating to such ticket holders without disabilities for future seasons so that individuals with disabilities who require the features of accessible seating and who become newly eligible to purchase tickets when these series-of-event tickets are available for purchase, have an opportunity to do so.  28 C.F.R. §36.302(f)(5)(iii).

31. Per 28 C.F.R. §36.302(f)(8), Olympia may not require proof of disability, including, for example, a doctor’s note, before selling tickets for a Wheelchair  Seat.  For the sale of single-event tickets, it is permissible to inquire whether the individual purchasing the ticket for a Wheelchair Seat has a mobility disability or other disability that requires the use of accessible features that are provided in the Wheelchair Seat.  For series-of-events tickets, it is permissible for Olympia to ask the individual purchasing the tickets for the Wheelchair Seats to attest in writing that the Wheelchair Seat is for a person who has a mobility disability or other disability that requires the use of accessible features that are provided in by the Wheelchair Seats.  Olympia may also investigate the potential misuse of the Wheelchair Seats where there is good cause to believe that such seating has been purchased or used fraudulently.