SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CAVALIERS OPERATING COMPANY, LLC

B. ACCESSIBLE TICKETING

17. Per 28 C.F.R. § 36.302(f)(1)(ii), the Cavs shall modify its policies, practices, or procedures to ensure that individuals with disabilities have an equal opportunity to purchase tickets for Accessible Seating (a) during the same hours; (b) during the same stages of ticket sales, including, but not limited to, pre-sales, promotions, lotteries, wait-lists, and general sales; (c) through the same methods of distribution; (d) in the same types and numbers of ticketing sales outlets, including telephone service, in-person ticket sales at the facility, or third-party ticketing services, as other patrons; and (e) under the same terms and conditions as other tickets sold for the same event or series of events.

18. Per 28 C.F.R. § 36.302(f)(2), the Cavs shall, upon inquiry (a) inform individuals with disabilities, their companions, and third parties purchasing tickets for Accessible Seating on behalf of individuals with disabilities of the locations of all unsold or otherwise available Accessible Seating for any ticketed event or events at the facility; (b) identify and describe the features of available Accessible Seating in enough detail to reasonably permit an individual with a disability to assess independently whether a given accessible seating location meets his or her accessibility needs; and (c) provide materials, such as seating maps, plans, brochures, pricing charts, or other information, that identify Accessible Seating and information relevant thereto with the same text or visual representations as other seats, if such materials are provided to the general public.  The Cavs shall also require that Flash Seats Vertical Alliance, LLC d/b/a Veritix, or any other company with whom the Cavs have a contractual relationship to provide tickets for events at Quicken Loans Arena, provide the same information set forth in this paragraph to individuals inquiring about Accessible Seating.

19. Per 28 C.F.R. § 36.302(f)(3), the price of tickets for Accessible Seating for a single event or series of events shall not be set higher than the price for other tickets in the same seating section for the same event or series of events.  Tickets for Accessible Seating must be made available at all price levels for every event or series of events.  If tickets for Accessible Seating at a particular price level cannot be provided because barrier removal in Quicken Loans Arena is not readily achievable, then the percentage of tickets for Accessible Seating that should have been available at that price level but for the barriers (determined by the ratio of the total number of tickets at that price level to the total number of tickets in the assembly area) shall be offered for purchase, at that price level, in a nearby or similar accessible location.

20. Per 28 C.F.R. § 36.302(f)(4)(i), for each ticket for a Wheelchair Space purchased by an individual with a disability or a third-party purchasing such a ticket at his or her request, the Cavs shall make available for purchase three additional tickets in the same row that are contiguous with the Wheelchair Space, provided that at the time of purchase there are three such seats available. The Cavs are not required to provide more than three contiguous seats for each Wheelchair Space, and such seats may include Wheelchair Spaces.

21. Per 28 C.F.R. § 36.302(f)(4)(ii), if patrons are allowed to purchase at least four tickets, and there are fewer than three such additional contiguous seat tickets available for purchase, the Cavs shall offer the next highest number of such seat tickets available for purchase and shall make up the difference by offering tickets for sale for seats that are as close as possible to the Wheelchair Spaces.

22. Per 28 C.F.R. § 36.302(f)(4)(iii), if the Cavs (or a third party event promoter) limit sales of tickets to fewer than four seats per patron, then the Cavs are only obligated to offer as many seats to individuals with disabilities, including the ticket for the wheelchair space, as it would offer to individuals without disabilities.  If patrons are allowed to purchase more than four tickets, the Cavs shall allow patrons with disabilities to purchase up to the same number of tickets, including the ticket for the wheelchair space.

23. Per 28 C.F.R. § 36.302(f)(4)(v), if a group includes one or more individuals who need to use Accessible Seating because of a mobility disability or because their disability requires the use of the accessible features that are provided in Accessible Seating, the group shall be placed in a seating area with Accessible Seating so that, if possible, the group can sit together.  If it is necessary to divide the group, it should be divided so that the individuals in the group who use wheelchairs are not isolated from their group.

24. Per 28 C.F.R. § 36.302(f)(5)(i), the Cavs may release unsold tickets for Accessible Seating for sale to individuals without disabilities for their own use for a single event or series of events only under the following circumstances: (a) when all non-Accessible Seating (excluding luxury boxes, club boxes, or suites) have been sold; (b) when all non-Accessible Seating in a designated seating area has been sold and the tickets for Accessible Seating are being released in the same designated area; or (c) when all non-Accessible Seating in a designated price category has been sold and the tickets for Accessible Seating are being released within the same designated price category.  Nothing in this paragraph requires the Cavs to release tickets for Accessible Seating to individuals without disabilities for their own use.

25. Per 28 C.F.R. § 36.302(f)(5)(iii), when series-of-events tickets are sold out and the Cavs release and sell Accessible Seating to individuals without disabilities for a series of events, the Cavs shall establish a process that prevents the automatic reassignment of the Accessible Seating to such ticket holders 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-events tickets are available for purchase have an opportunity to do so.

26. Per 28 C.F.R. § 36.302(f)(6), individuals with disabilities who hold tickets for Accessible Seating shall be permitted to transfer tickets to third parties under the same terms and conditions and to the same extent as other spectators holding the same type of tickets, whether they are for a single event or series of events.

27. Per 28 C.F.R. § 36.302(f)(7)(i), the Cavs shall modify its policies, practices, or procedures to ensure that an individual with a disability may use a ticket acquired in the secondary ticket market under the same terms and conditions as other individuals who hold a ticket acquired in the secondary ticket market for the same event or series of events.

28. Per 28 C.F.R. § 36.302(f)(7)(ii), if an individual with a disability acquires a ticket to an inaccessible seat through the secondary market, the Cavs shall make reasonable modifications to its policies, practices, or procedures to allow the individual to exchange his ticket for one to an Accessible Seat in a comparable location if Accessible Seating is vacant at the time the individual presents the ticket to the Cavs.

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