AMC Theaters\' Wheel Chair Accessibility

AMC Theaters' Wheel Chair Accessibility

People in Wheelchairs

Legal Concerns

Wheelchair Accessibility in Movie Theaters

Power Points to Ponder

What if

AMC Theaters' Wheel Chair Accessibility

People in Wheelchairs

People in wheelchairs, along with numerous other people with disabilities, are individuals with rights, Openden reports Joseph P. Shapiro to stress in his 1994 book, No Pity: People with Disabilities Forging a New Civil Rights Movement. Often, in the past, individuals in wheelchairs were pitied and treated with less respect than they deserved. Today, Openden notes: "Poor treatment of people with disabilities is also prevalent in public, perpetuated by images of pity, such as the poster child Tiny Tim or the "supercrip" who transcends his or her disability rather than accepting it."

These traditional media portrayals of individuals with disabilities, albeit, frequently prove devastating to people with disabilities, as they oppress instead of providing appropriate recognition for individuals with disabilities. Today, like a positive rendition of Goliath, as people with disabilities fight and gain rights and independence, they do not want charity, nor do they want to be perceived as super heroes. "The goal for people with disabilities is not to inspire people but to lead normal lives." (Openden)

Shapiro reports individuals with disabilities constitute the largest minority in the U.S., as they number between 35 and 49 million Americans. One "normal" privilege this majority fought for in a recent fight was "... having enough room in a movie theater to not cause a fire hazard" (Ibid.) During November 2002, the Department of Justice reported: "District Court Rules AMC's Stadium-Style Theaters Discriminate Against Patrons Who Use Wheelchairs." (District Court Rules... ")

II. Legal Concerns

Wheelchair Accessibility in Movie Theaters

Even though all movie theaters are legally required to provide some kind of accommodation for wheelchairs, newer movie theaters with "stadium seating" have presented problems for individuals in wheelchairs. Stadium seating, which traditionally involves a rear-entrance theater, usually has a ramp behind a wall on both sides leading to the front with stairs to access rows of seats. Wheelchair users frequently have "allocated" seats, located up front where they have to strain when looking up at the screen. These particular designated locations, normally the last most customers would choose for seating, make it difficult for those in wheelchairs to view the movie. "Proper accommodation for persons in wheelchairs would require that theater owners provide wheelchair access to various levels (but not necessarily every row), affording the patron with a physical disability some of the same degree of choice in seating that a person who could walk normally would have." ("Stadium Seating... ")

The U.S. Department of Justice has sued at least five theater chains for not providing proper access." These include: Accessible Stadium Guidelines, U.S. Dept Of Justice, Americans With Disabilities Act (ADA). Key Features of Accessible Stadium Seating, summarized by Illinois Park Dept. Cinemark Settlement Regarding Stadium Seating, November 2004 http://www.sedbtac.org/ada/whats_new/articles.cfm?id=3783" Oregon Cinema Chain Ruled in Violation of ADA for Front Row Wheelchair Seating, August 2003 AMC's Stadium Seating Ruled Discriminatory under ADA, November 2002. United Artists Settlement with Dept of Justice, regarding stadium seating. Minnesota Law Regarding Wheelchair Seating, shown as an example of what one state is doing. ("Stadium Seating... ")

Legal Issues Web site published a report noting: "The Department of Justice publishes a checklist of key accessibility requirements under the ADA that apply to new sports and entertainment stadiums." Highlights of the checklist include:

minimum of one percent of seating must constitute wheelchair seating locations.

Individuals in wheelchairs cannot be isolated from other people. Seating accessible for wheelchairs has to be integrated into business' seating plan.

Every wheelchair seating location must have a companion seat located next to it.

Specialty areas, including sky boxes, must also provide wheelchair seating locations.

To help insure facility does not lose revenue, folding or removable seats can be utilized by individuals not confined to wheelchairs.

More than one wheelchair accessible seating location must be provided when more than 300 seats are provided in a facility.

Admission prices for wheelchair seating (also views) must be comparable general public's admission prices and views.

Locations allocated for wheelchair seating must be on an accessible route providing access and connecting from public parking and transportation areas.

Lines of sight and view for wheelchair seating locations must be comparable to those of other spectators. Seating must present a line of sight over standing spectators in areas where spectators can be expected to stand. (Accessibility)

Capacity of Seating in Assembly Area

Number of Required Wheelchair Locations to 25

26 to 50

51 to 300

301 to 500 over 500 plus 1 additional space for each total seating capacity increase of 100