Deck 17: Planning and Accessibility Issues in Venueevent Operations

Question 1

Many new stadium projects include the development of entertainment districts and zones that often require acquisition of land surrounding the development project that is owned by private landowners. The two most common legal strategies available to stadium development projects to acquire this land are_________.

A) Due Process and Equal Protection
B) Eminent Domain and Condemnation
C) Economic Blight Recovery and Local Zoning Ordinances
D) Private Sales and Tax Breaks

Answer 1

B

Question 2

The ADA identifies a number of specific sport entities that qualify as public accommodations; however, even if a sport entity is not specifically mentioned in the act, which of the following general categories of places of public accommodation are commonly used to encompass most sport entities?

A) Places of exhibition or entertainment
B) Places used for public transportation
C) Establishments serving food or drink
D) Places of public display or collection

Answer 2

A

Question 3

What percentage of fixed seating must be accessible in a stadium or arena?

A) .5%
B) 1%
C) 1.5%
D) 2%

Answer 3

B

Question 4

How many additional seats must we permit a patron to purchase with an accessible seat?

A) 1
B) 2
C) 3
D) 4

Question 5

For our season ticket holders, what is the best way to ensure that someone requesting an accessible seat actually has a disability that requires an accessible feature?

A) Require proof of disability from a qualified physician
B) Ask the purchase to attest in writing that they have a disability that requires an accessible seat
C) We should not make any inquiries about why they have requested an accessible seat
D) We should sell all accessible seats on a first come, first serve basis regardless of disability

Question 6

The following animals are recognized service animals under the ADA

A) Cat
B) Dog
C) Miniature Horse
D) Pot Belly Pig
E) B and C

Question 7

To determine the reasonableness of a spectator search at a public venue the courts look to the totality of the circumstances and typically analyze three factors, including which of the following?

A) Need, Nature of the Intrusion, and State Privacy Laws
B) Nature of the Intrusion, Individual Privacy Interests, and Nature of the Threat
C) Need, Efficacy, and Nature of the Intrusion
D) Efficacy, Nature of Individual Privacy Interests, and Nature of the Threat

Question 8

In PGA Tour, Inc. v. Martin, the U.S. Supreme Court developed a two-step analysis for determining _______.

A) Whether Casey Martin was disabled under the ADA
B) Whether Casey Martin's request to use a golf cart would result in a fundamental alteration of the tour competition and therefore be an unreasonable modification of PGA rules
C) Whether Casey Martin was an elite golfer entitled to protection under the ADA
D) Whether the requested modification was necessary based upon Casey Martin's disability

Question 9

Legal challenges to stadium financing proposals have typically not been very successful.

Question 10

Questionable customer and financial impact of new stadium construction are often at the heart of public opposition to publicly financed sports facilities.

Question 11

The Fifth Amendment to the U.S. Constitution limits the power of the government to take private property for public use.

Question 12

The scope of the ADA is interpreted narrowly by the courts to only apply to the removal of barriers to physical access to "places of public accommodation".

Question 13

When audible communications are integral to the use of a stadium, stadium operators are expected to provide, at their expense, assistive listening devices to their patrons who are hearing impaired.

Question 14

Ticket holders with accessible seats may only sell their accessible seats on the secondary market to a purchaser who has a disability or needs accessible seating.

Question 15

Groups who challenge stadium financing proposals have asserted a number of legal arguments. Identify and explain at least three of these arguments.

Question 16

Briefly explain how the ADA accessibility standards distinguish between newly constructed or renovated facilities and facilities built prior to 1992. Include a discussion of the difference between the terms "maximum extent feasible" and "readily achievable" and how those concepts relate to stadium renovations.

Question 17

The 2010 amendments to the ADA updated regulations relating to ADA ticketing requirements in eight areas. Identify the eight areas and explain at least three of the eight areas and how they would impact ticket operations at a stadium or arena.

Question 18

Staff should be properly trained on how to manage customers seeking entry to sports venues with service animals. What are the two specific questions we are permitted to ask to determine whether to permit entry? What are we not allowed to request?

Question 19

What are three of the five ways or benefits of using facial recognition technology at stadiums and sports venues? What legal rights are implicated when we use facial recognition or other biometric tracking technology at our stadiums?

Question 20

In 1996, the Department of Justice stated: "Without question the single most prevalent issue that arises in new stadium projects involves the lines of sight afforded to patrons who use wheelchairs and sit in the stadium's wheelchair seating locations. The ADA's Standards for Accessible Design-the architectural requirements applicable to new stadiums-require that wheelchair seating areas provide people with disabilities with lines of sight comparable to those for members of the general public. Thus, we believe that facilities like sports stadiums, where spectators can be expected to stand during the event, must provide wheelchair locations with lines of sight over those standing spectators" The decisions in Miller and Landis, when taken together further reaffirm that the DOJ Guides are entitled to substantial deference by the courts in ADA cases. Thus, explain how this standard was operationalized in Landis, and discuss the current ADA requirements for line of sights for wheelchair patrons at stadiums. You should include illustrations of the "between the heads and over the shoulders" standard.