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By Russ Simons
While building operators may initially believe the bulk of
the new revised ADA Regulations (published September 15, 2010) may apply to
new construction or major renovations, it is important to point out that
there are several changes that will affect how venue operators conduct their
current event business. While this article is a high-level overview of some
of the new operating standards, it is imperative venue managers spend some
time reviewing the extent of both this new law and also laws of the states
where they operate.
By March 15, 2011, the following building operations-related ADA changes
were in effect and compliance mandatory:
Service Animals.
Under the new guidelines, service animals are limited to
dogs that have been individually trained to do work or perform tasks for the
benefit of an individual with a disability. However, dogs that are used
purely for emotional support are not service animals. The guideline also
clarifies that individuals with sensory, psychiatric or other mental
disabilities that use service animals trained to perform specific tasks are
protected by ADA. The exceptions to permitting a service animal into your
venue is when the animal is out of control and the animal’s handler does not
take effective action or if the animal is not housebroken. Animals can be
denied entry, but it is suggested venue managers should give handlers the
opportunity to use the venue without the animal.
 Mobility Devices.
In addition to traditional wheelchairs, the new guidelines
now officially recognize and require accommodation for other power-driven
mobility devices, such as motorized wheelchairs and Segways. These devices
must be permitted to be used unless the venue can demonstrate that such use
would fundamentally alter its programs, services or activities, would create
a direct threat or would create a safety hazard.
 Ticketing.
This is the single largest topic affecting the new ADA changes.
The new rule (outside of the location and quantity of accessible seating,
which is covered in the U.S. Department of Justice’s 2010 ADA Standards for
Accessible Design guidelines) provides guidance on the sale of tickets
(including season tickets) for accessible seating, how ticket information is
provided to guests with disabilities, ticket prices, purchasing multiple
tickets for accessible seating, the hold and release of accessible seating,
transfer of tickets for accessible seating, accommodating disabled guests
who have purchased tickets on the secondary market and the prevention of
fraudulent purchases. While many venues already meet these guidelines, it is
still important to become familiar with the details so that nothing is
missed.
Ticket sales:
venues must modify their policies, practices or procedures to
ensure that individuals with disabilities have an equal opportunity to
purchase tickets for accessible seating during the same hours; during the
same stages of ticket sales; through the same methods of distribution; in
the same types and numbers of ticketing sales outlets as other patrons; and
under the same terms and conditions as other tickets sold for the same event
or series of events.
Ticket information:
the venue must inform individuals with disabilities,
their companions and third parties purchasing tickets for accessible seating
on behalf of individuals with disabilities of the locations of all unsold or
otherwise available accessible seating for any ticketed event at the
facility. The venue must also identify and describe the features of
available accessible seating in enough detail to reasonably permit an
individual with a disability to assess independently whether a given
accessible seating location meets his or her accessibility needs. Finally,
the venue must be able to provide material that identifies accessible
seating and information if the same materials are provided to the general
public.
Ticket prices:
ticket prices for accessible seating shall not be higher than
the price for other tickets in the same seating section for the same event,
and tickets for accessible seating must be available at all price levels for
every event (or series of events). However, if tickets for accessible
seating for a certain price level aren’t available because of inaccessible
features, then the percentage of tickets for accessible seating that should
have been available at that price level shall be offered for purchase, at
that price level, in a nearby or similar accessible location.
Purchasing multiple tickets:
venues must now make available three companion
seats in the same row that are contiguous with the wheelchair space
(provided such seats are available), and the companion seats may include
other wheelchair spaces. Only one of these seats has to be adjacent to the
wheelchair space. For events that permit purchases of at least four tickets,
and where there are fewer than three such additional contiguous seats
available, the venue has to offer the next highest number of such seat
tickets available, and must make up the difference by offering seats that
are as close as possible to the accessible seats. If, however, ticket sales
are limited to less than four, the venue only has to offer the same number
of seats to the person with the disability as they do to persons without
disabilities. A two-ticket limit is applicable to the disabled as well as
non-disabled ticket buyer. Similarly, for events allowing more than four
tickets to be purchased at a time, the number of tickets that can be
purchased by a non-disabled guest shall be the same for a person requesting
accessible seating. Group sales are also addressed by the new regulations.
For groups that have one or more people requiring accessible seating, the
group shall be placed in a seating area with accessible seating so that the
group can stay together. If the group has to be divided, it should be done
in such a way that those needing accessible seating are not isolated from
their group.
Hold and release of tickets for accessible seating: as is a common practice,
the new regulations permit the sale of accessible seating to the general
public when all non-accessible seats have been sold, but now under one of
three scenarios:
1) When all non-accessible tickets (excluding luxury boxes, club boxes, or
suites)
have been sold; 2) When all non-accessible tickets in a designated
seating area
have been sold and the tickets for accessible seating are being
released in the same
designated area; or 3) When all non-accessible tickets
in a designated price
category have been sold and the tickets for accessible
seating are being released
within the same designated price category. The
new regulations now make it easier
for venues to release accessible seating
categorized by price or section.
Ticket transfer:
individuals with disabilities who hold
tickets for accessible seating shall be permitted to transfer tickets to
third parties under the same terms and conditions and to the same extent as
other spectators holding the same type of tickets.
Secondary ticket market:
venue policies must ensure
that an individual with a disability may use a ticket acquired in the
secondary ticket market under the same terms and conditions as other
individuals who hold a ticket acquired in the secondary ticket market for
the same event. If this individual’s ticket is to an inaccessible seat, the
venue shall make reasonable modifications to its policies, practices or
procedures to allow him or her to exchange the ticket for one to an
accessible seat in a comparable location (if accessible seating is vacant at
the time the individual presents the ticket to the venue).
Fraud prevention:
while venues may not require proof of a disability before selling tickets to
accessible seats, they may ask the ticket buyer if the user of the ticket
has a mobility disability or a disability that requires the use of
accessible features that are provided in accessible seating. The regulation
also allows the facility to investigate the potential misuse of accessible
seating where there is good cause to believe that such seating has been
purchased fraudulently.
Additional changes as part of the 2010 ADA Standards
for Accessible Design will go into effect on March 15, 2012. These
include such changes as ensuring a venue has accessible routes from the
seating area to the performance area, as well as reducing the quantity and
type of assisted listening devices required and signage related to such
devices.
fm
Russ Simons is a Senior Principal with Populous.
Contact him at russ.simons@populous.com.
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