United States of America, Plaintiff, v. Cinemark USA, Inc., Defendant - Consent Order

1.       Definitions. The parties agree and stipulate that certain terms shall be defined for purposes of this Consent Order:

1.1     "ADA" shall mean and refer to the Americans with Disabilities Act, 42 U.S.C. §§ 12101, et seq.

1.2     "ADA Standards" or "the Standards" shall mean and refer to the new construction standards as set forth at 28 C.F.R. pt. 36, Appendix A.

1.3     "Auditorium" shall mean and refer to a room in a stadium-style movie theater that contains a single screen for the public exhibition of motion pictures and seating for members of the general public.

1.4     "Cinemark" shall mean and refer collectively to Cinemark USA, Inc. and its subsidiaries and affiliates.

1.5     "Companion seat" or "companion seating" shall mean and refer to a seat within an auditorium, which is affixed to the auditorium floor, and which is immediately adjacent to a wheelchair space.

1.6     "Consent Order" or the "Order" shall mean and refer to this Consent Order and Final Judgment, including all attached appendices.

1.7     "Cross-Aisle" shall mean and refer to a pathway between sections of seats that is parallel to the theater screen.

1.8     "Designed Theaters" shall mean and refer to those Cinemark stadium-style movie theaters for which designs have been completed as of the Effective Date of this Consent Order that are listed in Appendix A. Copies of the plans for the Designed Theaters are attached in Appendix B.

1.9     "DOJ" or the "Department" shall mean and refer to the United States Department of Justice.

1.10    "Effective Date" of this Consent Order shall mean and refer to the date that this Consent Order is entered as a final judgment by the United States District Court for the Northern District of Ohio.

1.11    "Existing Theaters" shall mean and refer to all of Cinemark's stadium-style movie theaters listed in Appendix C to this Consent Order.

1.12    "Future Construction Theaters" shall mean and refer to all of Cinemark's stadium-style movie theaters in the United States that are not covered under the definition of "Existing Theaters" or "Designed Theaters" for which permits for construction were issued on or after the Effective Date of this Consent Order and which have been built in conformance with any of the seating plan designs for such Future Construction Theaters, attached hereto as Appendix D. Those seating plans have been specifically approved by the United States as compliant with the wheelchair seating location requirements of both Standard 4.33.3 and §§ 221 and 802 of the ADA and ABA Accessibility Guidelines for Buildings and Facilities, as published in the Federal Register on July 23, 2004.

1.13    "Modified Theaters" shall mean and refer to Cinemark's Existing Theaters that are modified pursuant to Sections 3.1-3.11 of this Consent Order.

1.14    "Riser" shall mean and refer to an elevated tier (usually six to eighteen inches) in an auditorium on which seats are affixed to the auditorium floor.

1.15    "Stadium-style seating," "stadium section," or "stadium seating" shall mean and refer to that portion of the auditorium where the seats are affixed to risers. Each row of stadium seating is elevated above the row immediately ahead of it and is accessed by stepped, rather than sloped, aisles. For purposes of this Consent Order, stadium-style seating excludes IMAX auditoria.

1.16    "Traditional, sloped-floor" or "traditional seating" shall mean and refer to the section of an auditorium in which the seats are not affixed on risers, but are instead affixed to a flat or sloped floor. Prior to the introduction of stadium-style seating in 1995, almost all seating in movie theaters was located on this type of sloped floor.

1.17    "Unobstructed view" to the screen, for purposes of this Consent Order, shall mean and refer to a view to the screen that is not blocked or interfered with by any seats, railings, or other objects and is configured to have visual clearance over average height patrons seated one row ahead of the wheelchair spaces; an "obstructed view" to the screen fails to provide this clear view.

1.18    "Wheelchair space," "wheelchair location," or "wheelchair seating" shall mean and refer to a designated space in an auditorium where a person who uses a wheelchair or motorized scooter can situate him- or herself to view a motion picture in that auditorium.