Bway Theaters Sued for ADA Violations

[zainmax]

Posted: 2/19/18 at 7:59pm

There is a right way and wrong way to cause change, and this lawyer is going about it the wrong way.

https://www.forbes.com/sites/marchershberg/2018/02/19/serial-suer-targets-broadway-theaters/#7a558ab51449

Updated On: 2/19/18 at 07:59 PM

[pdjennings]

Posted: 2/19/18 at 10:23pm

I just wish someone would sue all of them to install seats that anyone besides 98lb supermodels can fit in. :/

[trpguyy]

Posted: 2/19/18 at 11:07pm

Classic “drive-by lawsuits.” It was only a matter of time.

[Olivia11]

Posted: 2/20/18 at 12:35am

This is why we can't have nice things.

...and before anyone says anything, I am a big believer in accommodating mobility challenged and disabled people but that isn't what this is about. This is about mis-use of litigation to drum up attorney fees.  It has jack squat to do with helping the people he "represents". 

Updated On: 2/20/18 at 12:35 AM

[CATSNYrevival]

Posted: 2/20/18 at 12:45am

Don’t some theatres have landmark status? Are they even able to be altered to be ADA compliant? Don’t get me wrong, I think they should all be accessible but I’m curious how it would work in those cases.

[Mr. Nowack]

Posted: 2/20/18 at 2:17pm

Not sure about NYC specific codes but in many places landmark status only protects the exterior.

[AEA AGMA SM]

Posted: 2/20/18 at 2:47pm

Landmark status is addressed on the second page of the article. In particular "Broadway theater owners can argue under the exception that installing an elevator, for example, in a landmarked theater is not easily accomplishable, difficult, and expensive; in addition to securing approval from the Landmark Commission, there might not be enough space to put in an elevator, and, even if there is enough space, then its installation could require a theater with a running show to shut down for an extensive period of time, resulting in months of lost profits."

[Yero my Hero]

Posted: 2/20/18 at 7:03pm

Not sure about NYC specific codes but in many places landmark status only protects the exterior.

 

In NYC, there are two types of landmark designation: exterior and interior. An interior designation is rarer and means you cannot make changes to the interior without specific approval. Most of the landmarked Broadway theaters are interior landmarks, though not all. 

 

A few years ago I found a great site that explained the difference and listed all the interior landmarks, but I cannot find it right now. 

Updated On: 2/20/18 at 07:03 PM

[PatrickDC]

Posted: 2/20/18 at 9:44pm

Happens in San Francisco and is in the news from time to time, not necessarily in the theaters, but businesses in general. To me the key part of the linked article was the last paragraph, referring to legislation just passed that gives business owners 120 days (60 days to provide a plan to fix inaccessible areas and 60 days to do the actual work) to make amends before legal action. True, this would likely not help large buildings like B'way theaters, but a small mom-and-pop store or small fixes could benefit. It says the legislation has critics. Hmmm...I wonder who those are? Oh yes, lawyers like Weitz who would see their billable hours slashed. Good! 

[zainmax]

Posted: 2/20/18 at 10:02pm

Actually, it looks like disabilities advocates are against it. From WaPo:

"“We know of no other law that outlaws discrimination but permits entities to discriminate with impunity until victims experience that discrimination and educate the entities perpetrating it about their obligations not to discriminate,” said a September letter from the Consortium for Citizens with Disabilities signed by more than 200 disability rights groups. “Such a regime is absurd, and would make people with disabilities second-class citizens.”

“No federal civil rights statute imposes such onerous requirements on discrimination victims before they can have the opportunity to enforce their rights in court,” said Rep. Jerrold Nadler (D-N.Y.), speaking against the bill on the House floor Thursday.