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

3.       "Modified Theaters"

Cinemark shall modify the wheelchair seating spaces in the following theaters ("Modified Theaters") in accordance with the seating plans attached as Appendix E. It is understood that seating row numbers are from row locations as they exist at the time that this Consent Order is entered and that in some cases, modifications will result in removal of a row of seating. Therefore, when wheelchair spaces are relocated one or more row[s] farther back from the screen, that movement is measured from the existing seating plan. Thus, wheelchair seating may be effectively relocated one row farther back from the screen, even where there is no change in row number in the final seating plan.  The modifications listed here are minimum modifications mandated under this Consent Order and to the extent that actual modifications include and exceed those listed here, they will be deemed in compliance with this Consent Order.  The modifications that Cinemark will make to the Modified Theaters pursuant to this Consent Order will be completed such that the changes made to comply with the provisions of Paragraph 3.1-3.11, below, shall comply with the ADA Standards that are directly implicated by such modifications.  None of the modifications made pursuant to this Consent Order shall trigger any other obligations under the ADA, subsidiary, ancillary, or otherwise.

3.1 Canton Tinseltown 15
4720 Mega Street NW North Canton, Ohio

- In Auditorium 1, two additional wheelchair spaces and two additional companion seats shall be provided in the rear of the auditorium (away from the screen) where four (4) wheelchair spaces are currently located.

- In Auditorium 5, the four (4) wheelchair spaces shall be raised six inches in height at their current location.

- In Auditorium 6, the four (4) wheelchair spaces shall be relocated one row farther back in the auditorium from their current location.

- In Auditorium 8, the four (4) wheelchair spaces shall be relocated one row farther back in the auditorium from their current location.

- In Auditorium 15, two additional wheelchair spaces and two additional companion seats shall be provided in the back of the auditorium (away from the screen) where four (4) wheelchair spaces are currently located.

- In Auditoria 5, 6, 10, and 11, fixed companion seats shall be added to provide one companion fixed seat next to each wheelchair space.

3.2 Grandville Cinemark 20
3728 Rivertown Parkway, Grandville, Michigan

- In either Auditorium 7 or Auditorium 14, the four (4) wheelchair spaces shall be relocated one row farther back in the auditorium from their current location.

- In Auditoria 2, 3, 4, 5, 7, 9, 12, 14, 16, 17, 18, and 19, fixed companion seats shall be added to provide one fixed companion seat next to each wheelchair space.

3.3 Lexington Woodhill Movies 10
425 Codell Drive Lexington, Kentucky

- In Auditoria 3 and 10, the four (4) wheelchair spaces shall be relocated one row farther back in the auditorium from their current location.

- In Auditorium 8, sufficient wheelchair spaces shall be added to provide the required number of wheelchair spaces specified in Standard 4.1.3(19)(a).

3.4 Cinemark at Macedonia
8161 Macedonia Commons Blvd., Macedonia, Ohio

- In Auditorium 1, the four (4) wheelchair spaces shall be relocated one row farther back in the auditorium from their current location.

- In Auditorium 8, the four (4) wheelchair spaces shall be relocated one row farther back in the auditorium from their current location.

- In either Auditorium 10 or Auditorium 11, the four (4) wheelchair spaces shall be relocated one row farther back in the auditorium from their current location.

- In Auditorium 15, the four (4) wheelchair spaces shall be relocated one row farther back in the auditorium from their current location.

3.5 Gahanna Stoneridge Plaza Movies 16,
323 Stoneridge Lane, Gahanna, Ohio

- In Auditorium 3, the four (4) wheelchair spaces shall be relocated one row farther back in the auditorium from their current location.

- In Auditorium 4, the four (4) wheelchair spaces shall be relocated one row farther back in the auditorium from their current location.

- In Auditorium 10, the four (4) wheelchair spaces shall be relocated one row farther back in the auditorium from their current location.

- In Auditoria 13, 14, 15, 16 sufficient wheelchair spaces shall be added to provide the required number of wheelchair spaces specified in Standard 4.1.3(19)(a).

3.6 Youngstown Tinseltown 7
7401 Market Street, Boardman, Ohio

- In Auditorium 3, the four (4) wheelchair spaces shall be relocated one row farther back in the auditorium from their current location.

- In Auditorium 5, the four (4) wheelchair spaces shall be relocated one row farther back in the auditorium from their current location.

- In Auditoria 1 and 7, one fixed companion seat shall be provided next to each wheelchair space.

3.7 Louisville Tinseltown 19
4400 Towne Center Drive, Louisville, Kentucky

- In Auditorium 6, the two (2) wheelchair spaces in the front row shall be relocated to the third row.

- In Auditorium 10, the four (4) wheelchair spaces shall be relocated one row farther back in the auditorium from their current location.

- In Auditorium 13, the four (4) wheelchair spaces shall be relocated one row farther back in the auditorium from their current location.

- In Auditorium 14, the two (2) wheelchair spaces and two (2) companion seats in the front row shall be relocated to the third row.

- In Auditorium 16, the four (4) wheelchair spaces shall be relocated one row farther back in the auditorium from their current location.

- In Auditoria 2, 3, 5, 8, 12, 15, 17, and 18 one fixed companion seat shall be provided next to each wheelchair space.

3.8 Cinemark at Valley View
6001 Canal Road, Valley View, Ohio

- In Auditorium 15, the four (4) wheelchair spaces shall be relocated one row farther back in the auditorium from their current location.

- In Auditorium 17, the four (4) wheelchair spaces shall be relocated one row farther back in the auditorium from their current location.

- In Auditorium 19, the four (4) wheelchair spaces shall be relocated one row farther back in the auditorium from their current location.

3.9 Oak Ridge Tinseltown 14
755 W. Main Street, Oak Ridge, Tennessee

- In Auditorium 4, the four (4) wheelchair spaces shall be relocated one row farther back in the auditorium from their current location.

- In Auditorium 13, the four (4) wheelchair spaces shall be relocated one row farther back in the auditorium from their current location.

3.10 Cinemark 22
2600 West Avenue I, Lancaster, California

- In Auditorium 10, the four (4) wheelchair spaces shall be located one row further back in the auditorium from their current location.

- In Auditorium 14, the four (4) wheelchair spaces shall be located one row further back in the auditorium from their current location.

- In Auditorium 17, the four (4) wheelchair spaces shall be located one row further back in the auditorium from their current location

3.11 Tinseltown
651 Medford Center, Medford, Oregon

- In Auditorium 6, the four (4) wheelchair spaces shall be located one row further back in the auditorium from their current location.

- In Auditorium 8, the four (4) wheelchair spaces shall be located one row further back in the auditorium from their current location.

- In Auditorium 10, the four (4) wheelchair spaces shall be located one row further back in the auditorium from their current location.

3.12 Other Modified Theaters

3.12.1 In each of the auditoria listed below Cinemark will relocate wheelchair seating from the front row to at least one row farther back from the screen:

Tinseltown 17, North Aurora, Illinois:
Auditoria 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17.
 

Tinseltown 17, Rochester, N.Y.:
Auditoria 2, 3, 4, 5, 6, 11, 12, 13, 14 and 15.
 

Layton Movies 7, Layton, Utah:
Auditoria 2, 3, 4, 5 and 6.

3.12.2 In each of the auditoria listed below Cinemark will add sufficient wheelchair spaces to provide the required number of wheelchair spaces specified in Standard 4.1.3(19)(a):

Cinemark 10, Melrose Park, Illinois:
Auditoria 2, 3, 8, and 9.
 

Tinseltown 17, Rochester, New York:
Auditoria 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, and 16.
 

Layton Movies 7, Layton, Utah:
Auditoria 2, 3, 4, 5, and 6.

3.12.3 In each of the auditoria listed below Cinemark will add companion fixed seats to provide one fixed companion seat next to each wheelchair space:

Tinseltown 20, Merriam, Kansas:
Auditoria 5 and 16.
 

Tinseltown 17, Rochester, New York:
Auditoria 3, 5, 12, and 14.
 

Layton Movies 7, Layton, Utah:
Auditoria 1 and 7.
 

Tinseltown 14, Ogden, Utah:
Auditoria 3 and 4.

3.12.4 In each of the auditoria listed below Cinemark will provide wheelchair spaces that comply with the minimum size required by Standard 4.33.2 and Figure 46:

Cinemark at the Plaza, Kansas City, Missouri:
Auditoria 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, and 14.

3.13 General Requirements for all Modified Theaters. Unless otherwise provided herein, all modifications to the wheelchair spaces in Cinemark's Modified Theaters, described in paragraph 3.1-3.11 above, must comply with the following:

a. Placement of Wheelchair Spaces
Each wheelchair space shall comply with the size requirements set forth in § 4.33.2 of the Standards, be level and satisfy the floor surface requirements as set forth in § 4.33.4 of the Standards, and cross-aisles shall satisfy the accessible route requirements set forth in 4.33.3.

b. Dispersed Wheelchair Locations in Auditoria with More Than 300 Seats
In all auditoria with more than 300 seats, wheelchair spaces shall be provided in more than one location.

c. Companion Seating

At least one fixed companion seat shall be provided adjacent to each wheelchair space. In other words, the ratio of companion seats to wheelchair spaces shall be at least 1:1.

Wheelchair locations and companion seats shall be aligned horizontally so that they are shoulder-to-shoulder with each other and with other seats in the same row.

Wheelchair spaces and companion seats shall be located on the same floor level as other seats in the same row — they shall not be higher or lower relative to the other seats in the row or relative to each other.

d. Number of Wheelchair Spaces Required:
Cinemark shall provide at least the minimum number of wheelchair spaces required in each auditorium as set forth in § 4.1.3(19)(a) of the Standards.

e. Unobstructed View of the Screen
All wheelchair spaces and companion seats must provide an unobstructed view to the screen, as defined in § 1.17 of this Consent Order.

3.14 Cinemark will make reasonable good faith efforts to obtain permits and authorizations including, without limitation, building permits and certificates of occupancy that may be required under local law, ordinance, or other applicable law in order to accomplish the modifications Cinemark will make under this Consent Order. If a city or other applicable state or local authority does not provide the permits or authorizations in a timely manner, and such delay impacts Cinemark's ability to make any of the modifications set forth in the Consent Order within any of the time periods set forth herein, the applicable time period(s) for Cinemark to make the modification(s) at issue shall be automatically extended by the period of the delay. Cinemark shall immediately notify the Department of such delay and the reasons therefor. If a city or other applicable state or local authority refuses to provide permits or authorizations needed to accomplish any modification required under this Consent Order, or conditions the issuance of any such permit or authorization on Cinemark's making modifications in addition to those required by the Consent Order, Cinemark's obligation to make the modification(s) will be suspended while Cinemark and DOJ meet in a good faith effort to agree on a comparable substitute modification(s) that shall not result in costs in excess of 15%, adjusted for inflation, over the contract cost of the changes contemplated by the modifications set forth in this Consent Order, and shall not result in seat loss in excess of 15% greater than that contemplated in this Consent Order.

3.15 Nothing in this Consent Order shall limit the placement of any additional wheelchair spaces required by state or local codes beyond those mandated under the ADA 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, for a particular auditorium.