The Americans
with Disabilities Act (ADA) is the
most comprehensive federal civil-rights statute protecting the rights of people
with disabilities. It affects access to employment; state and local government
programs and services; access to places of public accommodation such as
businesses, transportation, and non-profit service providers; and
telecommunications.
Americans with
Disabilities Act of 1990, has 5 Titles. Title III was added in 1992.
The Virginia Beach Amphitheater is in direct violation
of Title III Sec.36.402 of the ADA
Alterations.(a) General. (1) Any alteration to a place of public
accommodation or a commercial facility, after January 26,1992, shall be made so
as to ensure that, to the maximum extent feasible, the altered portions of the
facility are readily accessible to and usable by individuals with disabilities,
including individuals who use wheelchairs.(2) An alteration is deemed to be
undertaken after January 26, 1992, if the physical alteration of the property
begins after that date. (b) Alteration. For the purposes of this part, an
alteration is a change to a place of public accommodation or a commercial
facility that affects or could affect the usability of the building or facility
or any part thereof.(1) Alterations include, but are not limited to,
remodeling, renovation, rehabilitation, reconstruction, historic restoration,
changes or rearrangement in structural parts or elements, and changes or
rearrangement in the plan configuration of walls and full-height partitions.
Normal maintenance, reroofing, painting or wallpapering, asbestos removal, or
changes to mechanical and electrical systems are not alterations unless they
affect the usability of the building or facility.(2) If existing elements,
spaces, or common areas are altered, then each such altered element, space, or
area shall comply with the applicable provisions of appendix A to this part.(c)
To the maximum extent feasible. The phrase ``to the maximum extent feasible,''
as used in this section, applies to the occasional case where the nature of an
existing facility makes it virtually impossible to comply fully with applicable
accessibility standards through a planned alteration. In these circumstances,
the alteration shall provide the maximum physical accessibility feasible. Any
altered features of the facility that can be made accessible shall be made
accessible. If providing accessibility in conformance with this section to
individuals with certain disabilities (e.g., those who use wheelchairs) would
not be feasible, the facility shall be made accessible to persons with other
types of disabilities (e.g., those who use crutches, those who have impaired
vision or hearing, or those who have other impairments).
Title III covers
public accommodations, commercial facilities, private entities that offer examinations
or courses related to licensing or certification, and transportation provided
to the public by private entities. The title became generally effective January
26, 1992, and is enforced by the Department of Justice.
The Virginia Beach
amphitheater would fall under public accommodations because it's a place of
exhibition or entertainment.
III-3.1000 General.
A public accommodation may not discriminate against an individual with a
disability in the operation of a place of public accommodation. Individuals
with disabilities may not be denied full and equal enjoyment of the
"goods, services, facilities, privileges, advantages, or
accommodations" offered by a place of public accommodation.
III-4.4600 Seating
in assembly areas. Public accommodations are required to remove barriers to
physical access in assembly areas such as theaters, lecture halls, and
conference rooms with fixed seating.
The Y.E.A.! group wants access to lawn seats which
falls under barrier removal. The Amphitheater was entirely man-made. The lawn
seating should have not been put on as steep of slope as it is now. The slope
could be reconstructed, or a disabled seating area could be cut into the slope.
If it is readily achievable
to do so, public accommodations that operate places of assembly must locate
seating for individuals who use wheelchairs so that it --
1) Is dispersed
throughout the seating area. public accommodations engaged in barrier removal
are not required to disperse wheelchair seating in assembly areas with 300 or
fewer seats.
The amphitheater is a large outside facility. It does
not have accessible seating in each section.
2) Provides lines of
sight and choices of admission prices comparable to those offered to the
general public.
The amphitheater’s disabled seating is in a poor
area. When people stand up, a person in a wheelchair cannot see the stage. The
disabled seating could be elevated.
3) Adjoins an
accessible route for emergency egress; and
4) Permits people
who use wheelchairs to sit with their friends or family.