Shubert Organization Enters Consent Decree
ADA Hits Broadway
by Steven John Fellman
NATO Washington Counsel
The Department of Justice
filed an action against Shubert Organization Inc. and
its affiliates,
alleging that 16
of New York’s “Broadway” theatres were
in violation of the Americans With Disabilities Act (ADA).
The complaint alleged that the theatres did not provide
adequate wheelchair seating and accessible restrooms and
concession areas, and that certain protruding objects in
walls and walkways did not meet the requirements of the
ADA Accessibility Guidelines (ADAAG).
In order to resolve these
charges, Shubert entered into a wide-ranging consent
decree. Under the terms of the decree,
certain theatre entrances will be modified to provide
ready accessibility. Within the auditoria of all 16 theatres,
there will be major modifications in wheelchair seating
locations. The U.S. attorney for the Southern District
of New York contended that although the theatres had
wheelchair
seating in the orchestra sections, many of the mezzanine
and balcony areas were not accessible. Such seating is
significantly cheaper than orchestra seating. Since wheelchair
patrons did not have access to the cheaper seating, the
government argued that providing wheelchair users with
orchestra seating at higher prices did not give them
the same opportunity as ambulatory patrons to enjoy the
presentations
at the theatre. In order to resolve this issue, the Shubert
Organization agreed to install wheelchair seating in
orchestra locations and adjust the ticket price for these
seats to
compensate for the inaccessibility of mezzanines and
balconies. Furthermore, the tickets for this accessible
seating will
be restricted to purchase by people with disabilities
until all other seating in the theatre is sold out.
However, once all other
seating is sold out, the wheelchair spaces can be sold
without restrictions. The rationale
for this is that all tickets in the theatre are available
for sale on a first-come, first-serve basis. Wheelchair
patrons can order tickets at the same time as other
patrons. Wheelchair patrons will not be guaranteed seating.
Once
the theatre has sold out all of its regular seating,
it can sell the wheelchair spaces to patrons who are
not disabled.
The Justice Department
also challenged the accessibility of the restrooms in
many of these theatres. Some of
the buildings are very old and certainly don’t
meet the requirements of the ADAAG. To meet these
objections, Shubert
agreed to install unisex accessible restrooms in
most of the theatres. The unisex restroom alternative
is one that
many movie theatre operators have used as an alternative
to fully accessible restrooms in older facilities.
The unisex restroom has
to meet the specifications contained in the ADAAG and
must have proper signage
so that disabled
persons understand that accessible facilities are
available. Doors to these restrooms must be capable
of being locked
from the inside to insure privacy. In some areas,
theatre owners have expressed concerns about possible
misuse
of these locked facilities. In other areas, there
have been
few, if any, problems.
The government examined
the concession areas in these theatres. According to
the Department of
Justice,
wheelchair users
could not readily access these areas. As part
of the settlement, Shubert agreed to offer waiter
service to wheelchair users
in theatres in which concession stands are inaccessible
and cannot be modified.
Not only did the Shubert Organization agree to
modify its theatres as outlined above, but Shubert
also
agreed to
pay a civil penalty of $50,000. It is believed
that the Shubert consent decree will serve as
a model
for other
actions that maybe brought against operators
of legitimate theatres across the country. 
