SEP 7 ILLEGIBLE DJ 202-PL-817 XX Brooklyn Park, Minnesota XX Dear XX This letter responds to your letter regarding accessibility in multiscreen cinemas under the Americans With Disabilities Act (ADA). Specifically, your letter asks the Department to provide a legal analysis of the obligations of a multiscreen cinema in various situations. The ADA authorizes the Department of Justice to provide technical assistance to entities that are subject to the Act. This letter provides informal guidance to assist you in understanding the ADA. However, this technical assistance does not constitute a determination by the Department of Justice of your rights or responsibilities under the ADA, and it is not binding on the Department. The Department will not provide legal analysis of hypothetical problems. We can, however, provide you with general guidance about the obligations of places of public accommodation in general, and movie theaters in particular, under title III of the ADA. The Department's regulation implementing title III prohibits discrimination on the basis of disability by a place of public accommodation. Thus, places of public accommodation are subject to a range of nondiscrimination obligations, including requirements to make reasonable modifications in policies, practices, and procedures; to provide auxiliary aids; to remove architectural and communication barriers in existing facilities to the extent that it is readily achievable; and to design, construct, and alter facilities in compliance with the ADA Standards for Accessible Design. In addition, section 36.305 of the Department's regulation provides that if it is not readily achievable to remove barriers in an existing facility, a place of public accommodation is required to make its goods or services accessible through any alternative method that is readily achievable. With respect to FOIA 01-03419 - 2 - multiscreen cinemas, section 36.305(c) expressly provides that if it is not readily achievable for an existing multiscreen cinema to provide physical access to all of its theaters, the cinema shall establish a film rotation schedule that provides reasonable access to all films for people who use wheelchairs, and the cinema shall provide public notice about the schedule for accessible showings. With respect to parking facilities, any public accommodation that operates in an existing facility is subject to the requirement to remove barriers to the extent that it is readily achievable. Generally, providing accessible parking is a high priority for barrier removal. However, if it is not readily achievable for the cinema to provide accessible spaces or an accessible route from its parking lot, an alternative method of providing access may be utilized. Determination of what is readily achievable requires a case-by-case assessment of the resources available to the place of public accommodation. Finally, you have asked if the ADA considers the safety of individuals with disabilities in making barrier removal determinations. Section 36.304(d)(2) provides that "no [barrier removal] measure shall be taken... that poses a significant risk to the health or safety of individuals with disabilities or others." I hope this information is helpful to you. Sincerely, Janet L. Blizard Supervisory Attorney 01-03420 XX Brooklyn Park, Minnesota XX April 22, 1994 U.S. Department of Justice Civil Rights Division Public Access Section P.O. Box 66738 Washington, D.C. 20035 Dear Sir or Madam: My discussions with your personnel today on the ADA Information Line provided some very helpful information regarding access to multiscreen cinemas. The specialist I spoke to today confirmed that you will respond to written questions regarding ADA issues when presented for your analysis. Your answers to the following questions would be instructive in interpreting Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities: Final Rule, 28 CFR Part 36. GENERAL FACT SITUATION 1 The public accommodation is a multiscreen cinema with a total of four separate auditoriums. The theater is located inside a mall with approximately twenty other public accommodations. The entrance to the theater is located at ground level of the mall. Two of the theater auditoriums are accessible through the main entrance. The other two auditoriums are located on the basement level of the mall. These auditoriums are accessible from within the theater by a staircase. Disabled users are required to purchase tickets at the box office and travel through the mall to a public elevator, which does not meet ADA standards, (some 150 feet) ride the elevator to the basement and travel some 125 feet to the lower level theater fire doors where the individual must wait for an usher to turn off the alarm system and open the fire doors. There are no restrooms located upstairs for upper level patrons, although there are public restrooms located in the mall proper. There is no concession stand downstairs requiring all downstairs patrons to summon help (impossible because there is no usher on duty at all times and there is no intercom system) to get back upstairs. None of the auditoriums are accessible by ADA standards. 01-03421 U.S. Department of Justice April 19, 1994 Page 2 Question 1 Specific facts The public accommodation was asked to make one of the upstairs auditoriums accessible to the disabled (they were free to choose the auditorium) by adding two wheelchair seating locations and one aisle side seat with a removable or retractable aisle side armrest, to rotate the movies through the accessible theater and to give notice of the movies shown in the theater. Public accommodation response The public accommodation responded that the changes sought were "not readily achievable" and the rotation of films was contractually impossible because movies such as Jurassic Park cannot be screened in auditoriums with less than 400 seats. (The only auditorium in the theater that has 400 seats is also the most inaccessible). Question Can a multiscreen cinema abrogate the requirements of Section 36.305(c) by language in a distribution contract limiting the showing of films in specific size theaters? Please explain. GENERAL FACT SITUATION 2 The public accommodation is a multiscreen cinema with a total of four separate auditoriums. The theater is located in a free standing building constructed exclusively for that purpose. The only entrance to the building is on the west side. A 600 space parking lot is located on the south side of the building. There is a sidewalk from the parking lot to the entrance, but there is no curb cut where the sidewalk begins at the parking area. The general public uses the sidewalk for access to the theater. There is a curb cut in front of the theater entrance located on a narrow fire road which goes around the front of the theater. The fire road is heavily used to pick up and drop off people using the theater. The only way wheelchair users can independently gain access to the theater is to follow the parking lot access to the fire road, take the fire road to the curb ramp in front on the theater (some 400 feet) and follow the sidewalk to the entrance (there is a continuous 7" curb all 01-03422 U.S. Department of Justice April 19, 1994 Page 3 the way around the parking area and adjacent to the fire access road). The dangerous nature of using the access road when traffic is present is obvious. (Please see attached drawing). Public accommodation response The public accommodation responded that the changes sought are "not readily achievable" and moreover that the need for a second curb ramp is unnecessary. Question 2 Can a public accommodation be held responsible for failing to provide a curb ramp as part of an accessible route from a single parking area to the only entrance to the accommodation under these circumstance? Please explain. Question 3 Does the ADA consider the safety of the disabled person in making accessibility determinations? Your assistance in answering these questions is greatly appreciated. Very truly yours XX 01-03423 PARKING LOT (MAP) 01-03424