Disability Technology & News

Wolverine Fans with Disability Sue UM Over Stadium Project

My alma mata Cal is also in the process of building a new football stadium and battling a slue of law suits from environmentalist, the City of Berkeley, and NIMBY-groups. I am not aware if there are any ADA violations here too.

Disabled veterans file federal lawsuit against U. of Michigan
By DAVID AGUILAR, The Associated Press
Apr 17, 2007
Source: SF Examiner

DETROIT - A federal judge may decide if the University of Michigan is playing fairly as it proceeds with a $226 million renovation of Michigan Stadium, one of the largest football stadiums in the country.

A disabled veterans group filed a federal lawsuit against the university Tuesday, claiming wheelchair users are being denied equal access to the stadium.

The suit, filed in U.S. District Court in Ann Arbor by the Michigan Paralyzed Veterans of America, claims university officials are “intentionally” avoiding compliance with the Americans with Disabilities Act dictating the number and location of wheelchair seating within stadiums.

An extensive renovation is under way for the 107,501-seat stadium, including adding about 83 luxury suites, 3,200 club seats and widening seats and aisles. Currently, Michigan Stadium has 90 wheelchair-accessible seats, divided equally within each end zone..

“It’s extremely disappointing that it had to come to this,” said Richard Bernstein, the attorney representing the plaintiffs.

Bernstein said the university has parceled out the ongoing renovation project and purposely dubbed it a “repair,” rather than an “alteration.” Doing so, he said, allows university officials to sidestep federal requirements that would require 1 percent, or about 1,000 wheelchair-accessible seats, to be dispersed throughout the stadium.

Michigan spokeswoman Kelly Cunningham said that although university officials had not reviewed the lawsuit, the ongoing renovation meets ADA standards.

“The university is very concerned with providing accessible seats to all of our fans,” Cunningham said.

She denied claims that the project has been parceled out.

“It’s one project, just one,” Cunningham said.

She said the finished project will increase to 282 the number of wheelchair-accessible seats throughout the stadium, including 72 new seats along the west side, 24 outdoor club seats and 14 indoor club seats. One wheelchair-accessible seat will be located inside each new luxury suite, and companion tickets will be offered for some seats.

Currently, 53 season ticket holders request wheelchair-accessible seating, Cunningham said.

Built in 1927, Michigan Stadium is grandfathered under ADA regulations, passed in 1990. Generally, older buildings are not required to meet the same guidelines as newly constructed or recently remodeled structures, unless they have undergone significant alterations.

Bernstein, who is blind and has taken the case pro bono, said the lawsuit is more far-reaching than simply providing better wheelchair access during Michigan football games and commencement exercises. He said a federal court ruling in favor of the university could have a “devastating impact on the ADA” because it would open the door for other developers looking to sidestep ADA provisions.

He said the court must draw a distinct line between “repair” and “alteration” projects, since the latter compels developers and property owners to comply with ADA guidelines. Left undefined, he said, disabled individuals will find it more difficult to use public venues, such as movie theaters, shopping malls and public transportation.

“Wheelchair users will lose access across the board, and will find it more difficult to be part of the community,” Bernstein said.

He said Michigan’s ongoing construction project, dubbed a “renovation” on its Web site, is “offensive.”

“You can’t make all the changes they are making, divide them up into smaller projects, then call it a repair,” said Bernstein, a 1996 Michigan graduate.

He said Ohio State University and the University of Notre Dame have recently undergone significant renovations compliant with ADA guidelines.

“Notre Dame has 17 wheelchair-accessible seating locations throughout the stadium,” Bernstein said, who also is an adjunct political science professor at Michigan. “We have two.

“We’re not asking for really good seats. We’re asking for equal access. It’s about inclusion. It’s about civil rights.”

Cunningham said ADA regulations only apply to renovated portions of grandfathered buildings.

“We’re still looking for ways to offer more seating,” she said.

Share This