William Caruso, a disabled Vietnam veteran, attended a concert at the
Blockbuster -Sony Music Entertainment Centre ("E-Centre") in Camden, New Jersey.
The E-Centre provides 6,200 fixed seats and a lawn area behind the pavilion that seats
18,000 patrons, who either stand or sit on portable chairs or blankets.
The day after the concert, Caruso and the Advocates for Disabled
Americans filed an action in the District Court, alleging that the E-Centre violated the
Americans with Disabilities Act, 42 U.S.C. $ 12181, et seq., because (1) the wheelchair
area in the pavilion does not provide lines of sight over standing patrons and (2) the
lawn area is not wheelchair-accessible. The District Court granted summary judgment in
favor of the E-Centre on both claims. Caruso appealed to the Court of Appeals for Third
Circuit.
As to Caruso's first claim regarding sightlines, the third circuit
looked to Standard 4.33.3 of the U.S. Department of Justice's New Construction and
Alteration Standards. Standard 4.33.3 requires wheelchair areas to be furnished "so
as to provide people with physical disabilities a choice of admission prices and lines of
sight comparable to those for members of the general public." Caruso argued that
under the plain meaning of Standard 4.33.3, if standing patrons can see the stage when
other spectators stand, wheelchair patrons must be able to see the stage when patrons
stand. The E-Centre maintained that the Standard refers to providing a comparable
opportunity to view the stage from a variety of angles. The Third Circuit considered both
interpretations to be plausible and consistent with the ADA's purpose. Therefore, the
Third Circuit concluded that the lines-of-sight language was ambiguous.
As to Caruso's claim relating to access to the lawn area, the Third
Circuit ruled that the E-Centre was required to provide wheelchair access unless it can
prove "structural impracticability." The Third Circuit ruled that it was not
"structurally impracticable" to provide wheelchair access to the lawn seating
area for those in wheelchairs. They noted that it has been done in other areas and because
there was no fixed seating on the lawn ruling that an accessible route to the lawn area
was required.
This case could have ramifications in many planned sports arenas and
venues around the country. Under the ruling in this case, there must be wheelchair
accessibility to grass seating areas, which could affect minor league baseball stadiums
and concert venues such as the E-Centre.
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You Make the Call. . . Index
"You Make The Call..." is a newsletter published four times per year (spring,
summer, fall, winter) by the National Sports Law Institute of Marquette University Law
School, PO Box 1881, Milwaukee, Wisconsin, 53201-1881. (414) 288-5815, fax (414) 288-5818,
munsli@vms.csd.mu.edu. (www.marquette.edu/law/sports/call.html).
This publication is distributed via fax and email to individuals in the sports field upon
request.
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Editorial Staff:
Paul M. Anderson, Editor & Designer
Kirsten Hauser, Associate Editor
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Copyright © 1999 -- All rights reserved.
