ACCESSIBLE SEATING AND

TICKETING - QUESTIONS

ASKED AND ANSWERED!

INTIX 2014

The John F. Kennedy Center

for the Performing Arts

© 2011 The John F. Kennedy Center for the Performing Arts

1

This session will offer a quick review of key points

in the 2010 Americans with Disabilities Act

ticketing regulations followed by a question and

answer session on issues such as pricing

accessible seating, third party vendors selling

accessible tickets, releasing accessible seating,

and so much more. Included will be a facilitated

discussion on welcoming and serving customers

with disabilities while complying with federal

regulation.

2

6 Significant Changes in 2010 ADA Regulations

Policies, Procedures, and Practices

1. Service animals

2. Mobility devices

3. Ticketing

Physical Access and Barrier Removal

4. 2010 Standards for

Accessible Design

5. Safe Harbor

6. Reduction of Elements

3

NEA Tip Sheet:

http://arts.gov/sites/default/files/NEA-ADA-TipSheet-v2.pdf

• Charlotte Regional Visitors Authority Settlement Agreement – re: alterations requirements and

removal of architectural barriers to provide access to Ovens Auditorium (3/29/10)

• City of Cheyenne, WY (Taco John's Event Center), Settlement Agreement -- re: compliance with

new construction requirements at a City-owned multi-use arena (9/29/10)

• City of Kerrville, TX, and Playhouse 2000 (Cailloux Theater) Settlement Agreement -- re:

companion fixed seats; wheelchair seating locations that provide a choice of admission prices; a

reservations policy; (10/26/10)

• City of Memphis Settlement Agreement -- re: accessible seating in the Liberty Bowl Memorial

Stadium, accessible concession stands, gates, elevators, ramps, toilet rooms, suites, and press

boxes at the stadium (1/8/13)

• City of Milton, WA, Settlement Agreement -- re: architectural barrier removal and policy

modifications to make parks, recreation, and annual summer festival and parade route accessible to

persons with disabilities (7/14/10)

• The Palace of Auburn Hills -- re: barrier removal and modification of ticketing policies at an arena

(8/23/13)

• Louisiana Tech University Settlement Agreement – re: the use of internet-based learning product

for university course work allegedly inaccessible to student who is blind (7/23/13)

• XL Center - re: barrier removal and modification of ticketing policies at an arena (6/28/13)

• Newseum, Inc. -- re: improving access for individuals with disabilities to a museum’s building and

its exhibitions, programs, and website (12/6/13)

• Phoenix International Raceway – re: accessibility of grandstand seating, toilet rooms, accessible

route and parking at an arena (6/10/13)

• The Palace of Auburn Hills -- re: barrier removal and modification of ticketing policies at an arena

(8/23/13)

4

Settlement Agreements – www.ada.gov

8 Sections of Ticketing Regulations

1. Ticket sales

2. Identification of seating

3. Ticket prices

4. Purchasing multiple tickets

5. Hold and release of tickets

6. Ticket transfer

7. Secondary ticket market

8. Prevention of fraud For more information/training check out the 5 part webinar series

produced by the ADA Great Lakes Center at:

www.adaconferences.org/Ticketing/Archives/

For the actual regulations on ticketing go to: www.ada.gov

5

Highlights Section 1: Ticket Sales

•Accessible seating defined

•Same hours, stages, outlets, methods, terms

6

Phone, in-person,

online

Wheelchair

location and

companion seats

Must provide

accessible

seating to the

third party

ticket vendors

Highlights Section 2: Identification of accessible seating

• Availability & Location • Provide info about available of

accessible seating, upon

request

• Features • Describe features of available

accessible seating in enough detail for the patron to make their own choice, upon request

• Same level of specificity • See example to right

• Brochures, maps, etc. • Provide material that identifies

accessible seating if provided to others

7

Highlights Section 3 : Ticket Prices

8

50% of all seats

25% of all seats

$100

$25

$50

BUT .. IF all 8 are in the

BALCONY?

…all wheelchair locs are

$25

8 wheelchair locs all in

the orchestra (100%)

Priced proportionally =

•4 whch locs at $100

•2 whch locs at $50

•2 whch locs at $25

Nothing prohibits

discounting – wheelchair

locs may cost less than

those around them.

25% of all seats

Available at all price levels

•If seats are not physically located in

all price levels use proportional pricing

•Accessible seats may not be priced

higher than the seats around them

Highlights Section 4 : Purchase multiple tickets

Up to 3 companion seats

Contiguous and in the

Same row If not, then as close as possible

9

If available at the

time of sale

May hold

3 companion seats

but

not required

to do so

Not required to be the

same price if not

contiguous and in the

same row

Same number of tickets As anyone else is limited to

or allowed to purchase

Highlights Section 5 : Hold and Release

Only three conditions under which accessible

seats may be released:

All non-accessible seats are:

1) sold out in the venue,

2) sold out in an area, or

3) sold out in a price

10

Venue

defines

“sold-out”

Take into account

reasonable expectation of

releasing holds

Example of “Sold Out” definition

Definition: For the purposes of releasing the mandatory

wheelchair/companion seats for general sale, an event or designated

area is “sold out” when all seats for sale in the venue or designated

area have been sold with the exception of holds. Holds include, but are

not limited to, company, promoter, press, development, and manager

holds.

Policy/Procedure: Once the venue or event is determined to be

sold out wheelchair/companion seats may be released for general sale,

except that a minimum of 4 wheelchair locations and 4 companion

seats, if available, will remain on hold until all other holds are released

for sale to the general public.

11

What about Subscription or Series-of-events tickets

If accessible seating tickets are sold to a person without a

disability the venue must –

• set up process that prevents automatic reassignment of accessible seating to person without disability

• provide an opportunity for a person with disability to purchase the tickets in future (when person becomes eligible)

Ownership rights? When tickets in accessible seating are forfeited or returned provide an opportunity for a person with disability to purchase the tickets

12

Highlights Section 6 : Transfer tickets

Person with a disability may:

Transfer (give or sell) tickets for accessible

seating to a third party under the same

terms/conditions as any other patron is

allowed to do so

13

Highlights Section 7: Secondary Market

Venue must :

• Honor tickets acquired on the secondary

market

• Exchange to comparable

accessible location

14

IMPORTANT: If

available when

presented

Any transfer of tickets

after initial sale

Highlights Section 8: Prevention of Fraud

May not ask for proof of disability

May ask for a: verbal attestation at time of purchase by phone or in person

“click” attestation when purchasing online

written attestation when purchasing a subscription or series of tickets.

15

“Do you, or a member of your

party, have a mobility

disability or disability

requiring the use of the

features of the accessible

location.”

16

“By checking this box, I acknowledge that I am purchasing wheelchair

accessible seats, that accessible seats are for use by a person with a disability

who requires accessible seating due to a disability, and that the venue

reserves the right to take a action against individuals who fraudulently obtain

accessible seating.”

“Wheelchair, sign-interpreted and captioned seating is reserved for the

exclusive use of patrons with disabilities and their guests. The purchase or use

of these seating locations by non-disabled individuals is strictly prohibited and

can result in relocation or ejection. (check box) Yes, I or one of my guests

require(s) the accessibility features of the seats that I have selected.

Sample Online Attestations

Who Can Purchase Accessible Seating and Who can

use them?

Patron with a mobility disability, such as:

Wheelchair users, someone who uses other mobility devices, or who cannot climb stairs or walk long distances because of significant arthritis, severe respiratory, circulatory or cardiac conditions,

Patron whose disability requires the use of the

accessible features of a wheelchair location,

such as: Someone who cannot sit in a straight-back chair or whose service dog cannot fit under a non-accessible seat.

Companions and/or patron who is purchasing

tickets for someone who meets the conditions

above.

17

What Can You Ask?

Do you or a member of your party, or the person for whom you are purchasing a ticket:

1. have a disability?

2. require the use of the features of the accessible location?

There must be a relationship between the individual’s disability and the need for the seat/space

18

Highlights Section 8: Prevention of Fraud

May investigate where there is

good cause to believe

purchase is fraudulent

19

20

Betty Siegel

Director of VSA and Accessibility

The John F. Kennedy Center for the Performing Arts

Washington, D.C. 20566

(202) 416-8727 (voice)

(202) 416-8728 (TTY)

access@kennedy-center.org

Disclaimer

Information contained in this presentation is for general guidance. The information in this

presentation is not intended to be legal advice nor a rendering of legal advice, opinion or services.

Recipients should consult with their own professional legal advisor.