Microsoft PowerPoint - 00321347.PPTX

ATheatreManagersGuideto

theADA

StevenJohnFellman

GKGLaw,PC

Washington,D.C.

ADACounsel,NationalAssociation

OfTheatreOwners

A. Theatre owners are committed to be ADA

compliant and design and build theaters that are fully

accessible.

B. Equipment manufacturers design and build

equipment that provide theatre owners with the

means for implementing accessibility requirements.

I.Thechallengefortheatre

managers

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C. When a problem arises, it does not arise at the

theatre owner's home office or at the plant that

manufactures equipment. The problem arises at the

local theatre.........it then falls on the theatre manager

to deal with the problem.

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A. Some times the problem is that neither the home office

or the equipment provider has established an adequate

training program

1. The training program may be theoretical not practical

2. It may be hard to find time to train part time

employees especially in regions where there is rapid

employee turnover

3. Some of the part time employees may be high school

kids and high school kids are high school kids!

II.Mostofthetimethetheatre

managerisNOTatfault

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B. Some times equipment doesn't work properly

when first installed

1. We have learned the hard way that new

technology doesn't mean plug in turn on

2. There is often a big difference between theory

and practice.

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C. Some times the theatre doesn't have an effective

maintenance program

1. Door hardware needs adjusting to maintain a 5

lb. pull.

2. Batteries in assistive listening headsets go bad.

3. Elevator doors don't close all the way and there

is a problem for wheel chair access

4. Locks on rest room stalls break, doors need

adjustment, toilet paper hardware gets loose, etc.

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A. May be very sensitive

B. May have unrealistic expectations

C. May have lawyers out to make a quick buck

III.Somepeoplewithdisabilitiesmay

behardtosatisfy

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A. Use common sense

B. Periodically walk through your theatre and pretend

you are a wheel chair patron

C. Train your employees to assist patrons with

disabilities

D. Take the extra steps to anticipate problems and

when a problem arises, try to resolve it immediately

IV.Whatshouldthetheatremanager

do?

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A. With the advent of digital movies, closed captioning is

here now. Carmike, Regal , AMC, Cinemark and others

have committed to install closed captioning in all of their

digital auditoriums

B. You need to be sure that your staff is fully trained. Your

projectionist must properly load the software for each

auditorium. Your guest relations staff must understand

how the individual display units work and be able to

communicate that information to deaf patrons

V.Captioning

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C. Have hand out for deaf patrons to read showing

how the equipment operates. Remember, you can’t

“tell” a deaf patron how the equipment works.

V.Captioning

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D. Explain that the preshow and the coming

attractions may not be captioned

E. Every day check to see if the equipment is

working

F. Be prepared for glitches

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G. Make sure that the cup holder display units

actually fit in the cup holders of the seats in your

theatre.

H. Do you need to reprogram the system when a

movie is moved from one auditorium to another.

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A. Make a written report all ADA-related problems

even if they seem to be resolved.

B. Get written statements from employees involved.

C. Get written statements from other patrons who,

witnessed the incident

VI.Haveanestablishedprocedure

forreportingproblems

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Now - - Having listened to an overview, let’s

get practical - -

Let’s take an ADA walk through a typical

movie theatre.

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Parking Lots – Must have handicap spaces, van

spaces, signage, curb cuts and accessible path of

travel to theatre. As a general rule, if theatre is part

of a mall and the landlord controls the

parking lot, landlord is responsible for

parking lot ADA compliance.

If theatre is a standalone, the

theatre is responsible for parking lot

ADA compliance.

ATheatreManager’sWalkThrough

forADACompliance

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a. Must be accessible – if entrance requires going

up stairs – must have a ramp or a lift

b. Doors must be accessible. Must have 32”

opening and not more than 5 lb. pull

c. Automatic doors are fine

d. If only one entrance door is accessible you

must have signage

TheatreEntrance

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a. Counter must have a 36” wide section not more

than 36” high

b. ALS signage

c. Paper and pad

d. Ticketing machines in lobby must be ADA

accessible

BoxOffice

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a. Must have a 36” wide counter section not more than 36”

high

b. If condiments, on separate counter, must be accessible

c. Napkin dispenser must be accessible

d. Offer help to wheelchair patrons who may not be able to

carry concession items and navigate the wheelchair

ConcessionCounter

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Paths of travel to auditorium from lobby must not

have steps - - if there are steps, you should have a

ramp or a lift.

PathofTravel

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Must be ADA accessible.

WaterFountains

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Handicap stall must be wide enough for wheelchair,

have handrails and accessible toilet paper dispenser.

Door normally must open out. Door must open easily

and lock must work.

If restrooms are not accessible, is there an

accessible unisex restroom?

RestRoomsMustBeAccessible

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a.Must be available

b.One page instruction sheet

c.Ask for ID (not credit cards) when giving out

equipment. Ask patron to sign for the

equipment.

d.Make sure units are functioning

AssistiveListeningSystemsand

CaptioningCupHolderDisplayUnits

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a.Must have wheelchair seating and companion

seating

b.1% of seats in the auditorium must have

moveable arm rests

c.Wheelchair spaces, companion seats and seats

with moveable arm rests should have signage

Auditoriums

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d. In auditoriums of up to 50 seats - - you need 2

wheelchair spaces and two companion seats.

In auditoriums of 51 to 150 seats - - 4 wheelchair spaces

and 4 companion seats.

In auditoriums of 151 to 300 seats - - 5 wheelchair

spaces and 5 companion seats.

In auditoriums of 301 to 500 seats - - 6 wheelchair

spaces and 6 companion seats.

In auditoriums of over 300 seats, you need two wheelchair

locations (cannot be on the same row).

Auditoriums

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e. In stadium style auditoriums, wheelchair seating is

generally on a cross aisle in the rear 60% of the seating

in the auditorium.

f. In a slope floor theatre, wheelchair seating is generally

in the rear of the auditorium or in an area where the

floor is relatively flat in the middle of the auditorium.

Avoid wheelchair spaces in the front row!

Auditoriums

If your auditorium uses the doors in the front of

the theatre as exits after a performance, those doors

must be wide enough and open easy enough to be

accessible. There also has to be an accessible path

of travel out of the theatre.

Exits

Under the newest ADA regulations, the only

animals falling under the definition of a service

animal are dogs or in some cases miniature horses.

For your purposes if someone brings a dog to your

theatre and claims it is a service animal let them

bring the dog in. If the dog is disruptive,

barks or growls or if the dog is not house-

broken, you can tell the person with a

disability that the dog must be taken out

of the theatre.

ServiceAnimals

Explain that the person with a disability is entitled to

stay BUT without the dog. It is a good policy, but not

required, to refund the price of the ticket or offer a

pass for a future movie.

ServiceAnimals

If a person comes in with a dog and you are not

sure if it is a service animal, you are entitled to ask two

questions:

1) Is the dog a service animal required because of a disability?

2) What is the task or type of work that the service animal has

been trained to perform?

You cannot ask how the dog was trained or for documents showing

that the dog is a service animal. You cannot ask to be shown what

the dog can do.

ServiceAnimals

The best policy is if a person comes in with a well-

behaved dog and tells you that it is a service animal,

admit the dog.

The person is entitled to take the dog with him or her

to all areas of the theatre open to theatre patrons

including concession areas, auditoriums, restrooms,

party rooms and food service areas.

On occasion, a person with a disability will

show up with a “personal aide.” You are entitled to

charge an admission fee for the “personal aide.”

PersonalAides

On occasion a person who is too wide to fit in

a theatre seat will come to the theatre. If you have a

loveseat available, you can let that person sit in the

loveseat. Sometimes such a patron will bring a

folding chair and ask to set up the folding chair in a

wheelchair space. Some theatre chains will let the

person bring in the folding chair, other will not. The

issue is whether the theatre chain is liable if the chair

collapses and the person is injured.

VeryLargePatrons

The ADA is a federal law but most states have

state laws similar to the ADA. Under state law, some

states require that movie theatres provide access to

trainers of service animals with “service dogs in

training.” The service animal trainer may not be

disabled but as long as the dog is housebroken and

not disruptive, the best rule is to sell a ticket to the

trainer and admit the dog.

ServiceAnimalsinTraining

a.Disability is no excuse for disruptive behavior.

b.You can ask disruptive patrons to leave.

DisruptivePatrons

ATheatreManagersGuide

totheADA

ForQuestions,Contact:

Steven John Fellman

GKG Law, PC

Washington, D.C.

202.342.5294

[email protected]