Using the Americans with Disabilities Act to Inform "Access to Sporting Venues" Under the Disabilities Convention

Abstract

From introduction: This paper considers a line of recent cases in which Pt III of the Americans with Disabilities Act (hereafter the ADA) has been considered in respect of entertainment venues’ obligations to facilitate access by those of its patrons who use wheelchairs. Most of those cases have concerned ‘stadium-style’ cinemas, two have concerned sports stadia and all have turned on the meaning of the phrase “lines of sight comparable” as used in the regulations attending Part III. In addition to considering that specific aspect of the legislation, the cases have also shed light on the extent to which the courts are obliged to defer to the Justice Department’s interpretation of the relevant regulations and that application of the notice and comment provisions of the Administrative Procedures Act. It is hoped that this paper will facilitate interested parties’ understanding of those provisions, and especially the implications of the new regulations that are under development at the time of writing.