Paragraph 5 of the "Line of Sight and Dispersion of Wheelchair Spaces in Assembly Areas" section of the Department of Justice's Guidance on the 2010 ADA Standards for Accessible Design document says, "Section 4.33.3 of the 1991 Standards requires wheelchair spaces and companion seating to be offered at a choice of admission prices, but section 221.2.3.2 of the 2010 Standards no longer requires wheelchair spaces and companion seats to be dispersed based on admission prices..."

However, 35.138(c) says, "Ticket prices. ...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 are not available because of inaccessible features, then the percentage of tickets for accessible seating that should have been available at that price level (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." 

Similarly, 36.302(f)(3) says,"Ticket prices. 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 an existing facility 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."

DOJ reiterated and clarified its intent regarding ticket prices and dispersal in their TA document "Revised ADA Requirements: Ticket Sales".

So the designer who fails to thoroughly disperse wheelchair and companion seating options will complicate the ticket pricing process for their owner/operator.  For high demand events the equivalent or better wheelchair seating positions that must be sold at the lower seating prices will likely sell out early to non-wheelchair users who claim to need those seating locations.  This will increase the likelihood of complaints and, possibly, future lawsuits.  For that reason, implementation of fraud prevention measures as described in sections 35.138(h) and 36.302(f)(8) will become even more important when designers fail to thoroughly disperse wheelchair seating positions throughout the assembly area.