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After 12 Years of ADA, Exhibitors Should Review Compliance Programs
ADA Compliance:
Eleven Key Issues
by Steven John Fellman
NATO Washington Counsel

The Americans With Disabilities Act has been on the books for over 12 years, so there may be a need for theatre owners to review their ADA compliance program to determine whether they meet the requirements of the law. Eleven key issues exhibitors should address:

I. Employee Training. The most important thing a motion picture theatre company can do to ensure ADA compliance is to provide comprehensive training to employees. Many persons with disabilities have been denied access to all types of public facilities for many years. Some of these people are angry and may not be easy to deal with. Theatre employees should understand their company’s responsibility to provide disabled persons full access to a theatre. Staff should be trained to assist persons with disabilities, and to be trained to make those persons aware of the many ways in which management has designed the theatre to ensure they find the theatre acceptable. If a person with a disability appears to be having a problem, the staff should be trained to assist that person and solve the problem. You are required to make reasonable accommodations for persons with disabilities. Note that NATO makes available a training videotape that deals with disabilities issues. Take that extra step and come away with a satisfied patron. Fail to take that extra step and risk a lawsuit.

Legislative Update Big Apple Measure Would Outlaw ‘False Starts’ New York Onscreen-Ad Bill Would Fine Exhibs $1000 NEW YORK – New York City Councilwoman Gail Brewer (D-Manhattan) introduced a bill Feb. 17 that would require theatre owners to screen feature films at their advertised start times – or face fines ranging from $500 to $1,000 for each “false-start” violation. The proposal comes at a time when cinema pre-show content and length have been gaining more media attention – in part because of a bill introduced in January by Connecticut state legislator Andrew Fleischmann (D-West Hartford) which would require exhibitors to advertise one start time for the trailers and another start time for the feature film. Brewer reportedly decided to introduce the New York bill after receiving complaints from moviegoing constituents about the length of pre-show commercials and previews. No known U.S. cities or states have passed any similar laws, and Brewer’s bill is said to be unlikely to gain passage.

II. The Parking Lot. When a patron drives up to a theatre, the first stop is usually the theatre parking lot. The parking lot should have special parking facilities for handicapped patrons. Some of the handicapped parking spaces must be van-accessible, which means that they are extra wide. Handicapped spaces should be clearly marked and should be close to the entrance to the facility. Curb ramps should be available so that persons in wheelchairs can roll from the parking lot into the mall or theatre without encountering any obstructions.

III. The Entranceway. The theatre entrance should have doors that are wide enough to permit easy access for wheelchairs. Doors should be equipped with hardware that makes easy entrance a reality. If a door requires a strong person to use two hands and a shoulder to open it, it doesn’t meet ADA requirements. Make sure that a person in a wheelchair can easily maneuver into the theatre.

IV. The Box Office. Some disabled persons have difficulty hearing, some disabled persons have difficulty speaking, and some disabled persons have difficulty reaching. Individuals with such disabilities will pose a potential problem at the box office. One of the box office ticket windows should be low enough so that a person in a wheelchair or a person who has difficulty reaching can easily access tickets. In a theatre built prior to 1991, where no lower ticket window is available, box office personnel must be trained to quickly exit the box office or call an usher to assist the disabled person who cannot reach the window. Box office personnel should have a pad and a pencil available to help disabled persons who have difficulty communicating. If the box office attendant cannot understand which movie a disabled person wishes to attend, the attendant should offer the pencil and paper and ask the patron to write down the title of the desired movie. Again, training is important and box office personnel must be trained to deal with various types of disabilities.

V. Service Animals. Often a blind person or a person with another type of disability will utilize a service animal such as a seeing-eye dog or a dog trained to assist persons with epilepsy or cerebral palsy. When theatre personnel see a disabled person coming with a service animal, they should understand that the service animal is entitled to have access to the theatre. As an example, a seeing-eye dog must be admitted and given access to the auditorium. The dog will usually sit at the feet of the disabled person. The law requires that the dog be admitted without charge. In many cases, the disabled person will have some type of identification showing that the dog is in fact a service animal. The disabled person often will show you this information on request. Nevertheless, if the animal is a trained service animal, you are required to admit the animal regardless of whether the animal has identification papers. On the other hand, if the animal creates a problem in the auditorium, you can ask the disabled person to leave in the same manner as you would ask any unruly or disruptive patron to leave the auditorium.

VI. Accessible Restrooms. Every theatre should provide accessible restrooms for disabled persons. Some older theatres may have one unisex-accessible restroom. The restrooms must comply with provisions of the ADA with regard to design of toilet stalls, sinks, height of towel dispensers, grab rails, etc. If you have any questions, reference the NATO ADA manual. Theatre personnel must be trained to assist disabled persons in finding the accessible restrooms. Theatre personnel are not required and should not assist disabled persons in toileting themselves. The restroom doors should be designed so that persons with wheelchairs have easy access. If your restrooms have double doors, make sure that a person in a wheelchair can manipulate through the double doors without a significant problem.

VII. Assistive Listening Devices. Theatres are required to have assistive listening devices in every auditorium with headsets equaling 4 percent of the number of seats in each auditorium. Each theatre should also have a limited number of neck loops that plug into the headsets and assist disabled persons with hearing aides equipped with T-coils. Theatre managers report that assistive listening systems are rarely used. Disabled patrons report that assistive listening systems often are not in proper operating condition. Theatre personnel should be trained to test assistive listening systems on a regular basis to ensure that they are in proper working order. Keep a record of such tests to prove these devices are maintained in accord with the manufacturers’ instructions.There should be a sign in the window of your box office indicating that assistive listening devices are available.

VIII. Concession Stands. The concession stand should have a section with a lower counter height to make sure that persons in wheelchairs or persons with restricted reach ranges have access to the concession stand. We have been in theatres where the concession booth has multiple work stations and the work station with the lower counter height is not manned. This can create a problem if a person with a disability goes to the concession area and then finds that no one is at the lower counter work station. Make sure that there is always someone at the lower counter work station.

IX. Accessible Auditoria Entrances. The path of travel from the concession area to the auditoria should be accessible. Disabled persons should be able to use ramps or elevators to get to the levels of the auditorium entranceways. If each auditorium entrance has a single or double door, make sure that the doors open easily and are wide enough to permit entry by persons in wheelchairs.

X. Wheelchair Seating. Auditoria should have wheelchair seating. As a general rule, auditoria of under 300 seats must have four wheelchair spaces and four companion seats. There should be a companion seat adjacent to each wheelchair space. In theatres of under 300 seats, wheelchair spaces can be placed in the same row. In theatres of over 300 seats, wheelchair spaces must be dispersed in at least two locations within the auditorium. There has been extensive litigation with regard to the location of wheelchair seating in a stadium-style theatre. NATO has supported the new American National Standards Institute (ANSI) Standard which requires that wheelchair seating in a stadium-style theatre of 300 seats or less be located on a crosswalk, on a riser, in the rear 70 percent of the seats in the auditorium. The wheelchair seating must be centered in the row where located. The companion seats next to each wheelchair space must be clearly marked. Theatre owners must hold companion seats available for companions of disabled persons until five minutes before show time. If no companion has claimed these seats at five minutes before show time, the companion seats can be made available to the general public. Theatres are also required to have a limited number of seats with removable armrests.

XI. Evacuation Plans. Under the fire codes, every theatre is required to have an evacuation plan to assist theatre patrons in the event of an emergency such as a fire, electrical failure, etc. Your theatre evacuation plan should recognize that some of the theatre patrons may be patrons with disabilities. These include patrons in wheelchairs, patrons with mobility impairments, and patrons who have visual or hearing impairments. In the event of an emergency, your evacuation plan should have specific provisions regarding how to deal with patrons with such disabilities. Issues involving wheelchair patrons should be given careful study to ensure that these patrons have a viable means of egress in the event of an emergency.

Conclusion. None of the eleven items listed above are complicated (with the exception of stadium-style wheelchair seating). However, when taken as a whole, these items require staff training in order to ensure that your theatre’s ADA compliance program is effective. All theatre personnel should be familiar with the accessible features of their theatre. They should understand that their theatre has been designed to meet the needs of persons with disabilities. As you go through the checklist set out above, how confident are you that your theatre personnel are aware of all the things that management has done to make your theatres accessible? If you are not sure, there is a need for additional training.