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

Citation

McArdle D (2009) Using the Americans with Disabilities Act to Inform "Access to Sporting Venues" Under the Disabilities Convention. Boston University International Law Journal, 27 (2), pp. 317-344. http://www.bu.edu/law/central/jd/organizations/journals/international/volume27n2/index.html

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.

Keywords
disability discrimination; United States; sightlines; stadia; cinemas; Discrimination in sports Law and legislation; Athletes with disabilities; Court of Arbitration for Sports

Notes
The full text of this article is freely available from the journal web pages: http://www.bu.edu/law/central/jd/organizations/journals/international/volume27n2/index.html

Journal
Boston University International Law Journal: Volume 27, Issue 2

People

Dr David McArdle

Senior Lecturer, Law