No Sitting Together at the Ballpark, Not for You Wheelchair Boy: The Great Companion Controversy of Anaheim and the ADA Resolution That Followed

The curse started for me over half a century ago when my dad took me to my first Angels game at the brand new Anaheim Stadium in 1965. That game impressed upon me so much that they became my team and I was an Angel fan for life.

Sure, they were the second tier team in town. Walter O'Malley had brought his Dodgers to Los Angeles a few years earlier from Brooklyn. They owned L.A., and still do to this day. Although I enjoyed seeing Dodger games in L.A., they always seemed a bit uptight to me and didn't quite click

It was the Angels with their underdog status and the team's laid back approach to pleasing their fans at the stadium that somehow wooed me. It sure wasn't their winning ways...the team was a perennial loser, no matter how much money the team's owner, singing cowboy Gene Autry, would throw at a superstar in the twilight of his career to come play here...but it was still a great place to go see some baseball and have a good time.

"Win one for the cowboy" would just be an empty phrase as long as he was alive. Sure, they came within striking distance, making the playoffs in 1979, 1982, and within one strike of going to the World Series in 1986 until closer Donnie Moore threw a beach ball to Dave Henderson who knocked it out of the park. 

After the Cowboy died and the Disney Corporation took over the team, they finally put it together to win their lone world championship in 2002.

My wife and son caught the dreaded Angel fan bug from me. We used to go to about a dozen Angel games a year. We had no problems with wheelchair and companion seating until Arizona billboard magnate Arte Moreno bought the team in 2003. After that, since they’d recently won a World Series and (in their words) tickets were at a premium, they enforced the companion seating policy as was written in the Americans with Disabilities Act (ADA) at the time...at least one companion seat for each ticket sold upon request. They would not sell a third and I could not even get an extra ticket anywhere close.

I complained to the team and we had several long discussions with them about it and they wouldn’t budge but they were within the letter of the law so what could I do?

When the United States Department of Justice (DOJ) was asking for suggestions on how the ADA could be modified and refined in 2008, I sent them a letter about this...how could it be OK for an able bodied person to buy as many tickets as they want together but accessible seating was, in effect, limited to two tickets? Thus, my suggestion was heard and a new modification to the ADA went into effect...teams and other public performance venues now had to sell at least 3 companion tickets to each wheelchair ticket when requested. 

Once this was coded into the ADA and the date had passed so that it was in effect, I tried to buy a wheelchair ticket and two companion tickets to a game. I was told only one companion seat would be sold, just like before. It’d been years of wrangling with them. I was through, I turned it over to the DOJ.

You could imagine my surprise when they assigned it to an attorney that worked down the hall from me at my office where I worked at the U.S. Attorney's Office in Los Angeles. It caused a little consternation at first because I was a DOJ employee but I reminded them that I didn’t give up my rights when I came into work. 

They agreed and did a ‘soft’ litigation...basically informing the Angels of the law. The Angels said a mistake was made when I tried to buy tickets and that they were in full compliance. The attorney asked if I could go to a game and report back to him what happened.

(At this same time, the Angels had just settled a full blown lawsuit that a fan filed for the same reason because they only built in one companion space for the only two wheelchair seats that they had in the club level, a popular premium level for fans)

I went to buy tickets as was told that in the section we wanted to sit in (left field, cheap seats), that we were required to buy their “all you can eat” package. I argued but that’s all they would sell me. We went. There was a snack bar ten feet behind our seats. I went. Was told the “all you can eat” snack bar was in another location on the top deck of the stadium...three levels above us.

Back at work, I informed the attorney. He unleashed some hell on the team and also found out that in the section we were in, only the wheelchair row was required to buy the food package.

That was the last time we went to a game there, four years ago. The DOJ got the Angels to stop the food package practice and all compliance had been adhered to...so they told me.

Today will be our first time back. We’ll see how it goes. We'll let you know in this week's Fields of Dreams post on Wednesday.

On a side note, the team fired their VP in charge of ticket policy and sales. They also fired their attorney who, as was unofficially told to me by very informed sources, cost the team over $4 million in fighting these various actions. I’m told he now is the team attorney for the Jacksonville Jaguars football team.

Always try to work it out ahead of time but if it comes down to it, here's a link that tells you how to file an ADA complaint.

Darryl Musick
Copyright 2018 - All Rights Reserved

ADA Access Complaint Wrap-Up: How to File an ADA Complaint.

See how we resolved our complaint here: Part 1 and Part 2

It was 23 years ago that President George H.W. Bush signed the Americans with Disabilties Act into law. We're still trying to implement many of its provisions today.

If you live in the United States, when you find yourself impacted by what appears to be an ADA violation, the first step is not to lawyer up.  There are other steps to take before getting to that point.

As they say, the wheels of Justice turn slowly, so be prepared for resolution to take some time.

When you find a potential violation, the first step is to find out who is responsible. It could be a government agency, like a city, or a private business.  It could be...as in our case...a private business using a government owned property.

After finding out who is responsible, the next step is to approach them and point out the violation, as politely as possible. A lot of the time, they just don't know and, if they're reasonable, will just fix it. If you don't think you can keep your cool in person, write a letter and send it certified with proof of delivery.

Keep a copy. In fact, keep a record of every step you take in this process. If litigation is required, that will be necessary. If you don't, you can kiss the complaint goodbye.

If you approach the person(s) responsible, tell them, and they still don't comply, write a letter as outlined above.

It would help at this point to be able to point out exactly what section of the law they violated. Be sure to verify that, in fact, what they did is not allowed by searching the relevant laws. The text of the Americans with Disabilities Act is online at Department of Justice's ADA Website.

Wait for an answer. If no answer is forthcoming after a reasonable time, say 6 weeks, or your complaint has been refused, now it the time to report it to the U.S. Department of Justice.

The Department of Justice maitains a website, including a form you can use, explaning how to file a complaint. Send the complaint via a trackable method, such as certified mail, to make sure delivery was recieved.  The DOJ can take several months to answer your complaint but they will. The current administration has made enforcement of the ADA a priority. See How To File an ADA Complaint at the DOJ's website.

If the DOJ accepts your complaint, an attorney will contact you, probably from your local U.S. Attorney's Office, and explain the process. You may be called in to give a deposition, you may even be subpoenaed into court room testimony.

If the DOJ rejects your complain, they will say why. If you believe you still have a case, you can hire a private attorney to proceed with your claim.  You also have the right to hire a private attorney at any point in the complaint, if you so wish.

Be advised that damages are limited. You will not get a multi-million dollar settlement. Damages are usually limited to fixing the problem, your attorney fees, and maybe a small amount to account for your time and effort in the matter.

Darryl
Copyright 2013 - Darryl Musick
All Rights Reserved

Fightin' the Man: The Conclusion to Our ADA Fight

See the first chapter of this report here: Part 1

When people say I should file a legal complaint when someone denies access on our trips time and time again, I tell them that don't go on vacation to become a lawyer or to start a legal fight...I'm there to enjoy it. Small hassles are endured or avoided but sometimes you just can't avoid it.

That's especially true when you're at home. Now I do have the time to do something about it, but still, I don't go out of my way to pick a fight.

There are times when you just can't leave the status quo.

I'm not a litigative or combative person. I can count on my one hand...four...the times, in fifty years, that I've been bugged enough to actually carry through a fight to conclusion.  The fourth time is here at the Friday Night Family Festival in Monrovia.

When the manager of the festival decided they could squeeze in another couple of vendor booths by putting them on the corner curb ramps, blocking wheelchair access to some very popular eateries on Myrtle Avenue, I couldn't let it pass by.

It's funny...if you're in this situation you probably know...that when you complain to the people responsible for denying you access, many times the result is that they dig in their heels and dare you to do something about it.

Complaining to the vendors and the manager did nothing and after three weeks, the situation remained. Time to take it to the next level.

My next step was to find the relevant passage in the law. Although the entire text of the Americans with Disabilities Act is online, searching it was not easy. I searched on ramps and found specifications for building one. I searched on curb cuts and found specifications for installing those too.

I searched for a couple of days, off and on, until I hit upon "path of travel." Bingo! Section 12147 of the ADA specifies that publicly owned "paths of travel" can only be blocked temporarily when a repair is necessary.

I went to the City of Monrovia's website, found the e-mail address of the mayor, and fired off the most polite letter of complaint I could muster telling them that as owner of the curb cuts and streets, they were responsible for curing this situation.

That letter is as follows:

Dear Mayor ____

We work out at Movement Unlimited every Friday night with our son, and several other people, who use wheelchairs. After our workout, we go over to the Family Festival for dinner and to enjoy the fun and farmer's market.

Recently, we have noticed several times at the Friday night Family Festival that vendors have been directed to set up booths on curb cuts made for wheelchair access, particularly on the Southwest and Northwest corner of Myrtle and Colorado Boulevard.
 

I have complained to Festival staff and to Mr. ______, president of _____________ Productions, that blocking the wheelchair access is not ethical or legal. Both times, I was told that they just had to provide a narrow path on the side of the ramp for wheelchairs or that they didn't have to comply for a special event (even though an event that takes place every single Friday night does not seem to fit the definition of "special").
 

This is a picture of one of the booths:

According to the Americans with Disabilities Act, public paths of travel are to be maintained, barrier free.  Since this is a violation of that regulation, I would like the City of Monrovia to make clear to Mr. ______ and ________________ Productions that the city does not approve or condone the placing of a barrier in the path of travel meant for people with disabilities.
 

I would hope you would join me in this campaign to maintain the best Family Festival in Southern California and to make sure all of its aspects are available to all citizens, not just those who are able to take a step onto a curb without the benefit of a ramp.

Thankfully, that's as far as this complaint would have to go. Three days later, I got this response from the mayor:

Hi Darryl 
Thank you for your email. I agree with you that we should not violate the Act and should not allow Family Festival to either. I will look into this situation. Thank you for bringing it to my attention.

That was about three months ago. The two corners have been clear and barrier free ever since. 

Moral of the story, if you have the ability to take action, do so. Your fellow special needs citizens will be thankful.

Next time, I'll go over the steps to take if you need to invoke the ADA in your situation.

Darryl

Copyright 2013 - Darryl Musick

All Rights Reserved.

Fightin' the Man: A Tale of an ADA Dispute in Southern California

Monrovia is a pretty little town about 15 miles northeast of downtown Los Angeles. It’s not on a lot of tourist’s radar, which is a shame, but should be. The city is known for its immaculate craftsman and Victorian style homes. Writer Upton Sinclair had a beautiful Mediterranean style villa.  Film companies flock here to shoot in the city’s downtown area on Myrtle Avenue that stands in for the typical “Main Street, America” look.

Upton Sinclair House

Image courtesey of Wikimedia

Doncam under CC BY-SA 3.0 License

That All-American, Main Street feel extends to the festival and farmer’s market that takes place here every Friday night along Myrtle Avenue.

We have to come here each Friday night for physical therapy for Tim. The adjacent festival makes it easy to step out afterward for dinner and browsing. 

There are three restaurants we rotate through on a weekly basis on each corner of the heart of the festival, the intersection of Myrtle Avenue and Colorado Boulevard. The fourth corner is a bank but we’d love someone to open a nice place to eat there so we can have a full rotation.  I digress…

One Friday night a few months ago, we finished our workout. As Tim does his therapy, Letty and I make use of the time to work out in the gym. Afterward, we make our way over to the corner to take advantage of T. Phillips’ 72 taps and Happy Hour appetizer prices for dinner only to encounter a dismal sight.

One of the vendor booths for the festival has set up shop directly on the wheelchair ramp and curb cut blocking the access to the entrance.

I asked the vendor why they were there, blocking our way. He told me that the people running the festival told him to set up there. The vendor moved some of their merchandise to create a wide enough path for Tim to get through while I found one of the security guards for the festival.

He told me I’d have to take it up with the festival manager who was nowhere to be found at this moment.

I left him with the message that this was illegal and the booth had better not be there next week.

Fast forward to the next week. After the workout, we again go to our dinner corner. This week there wasn’t one booth blocking the curb cut…now there were two booths blocking two corners.

Seething, we set down to eat but I kept an eye out the window. I know that the mayor and city council members are frequent visitors to the festival so I want to find one and complain.

No mayor or councilmembers showed but the manager of the festival was walking by.

I left our table and found him at one of the booths blocking the way.


I greeted him and introduced myself to him as nicely as I could and said “you can’t block the ramp like this, there are several people here in wheelchairs that need this access.”

His first response was “yes I can because I leave four feet on the side.”

My response was “no you can’t because that four feet is sloped sideways and a wheelchair user would feel like they’re tipping over.”

The next reason was “yes I can because we’re not a permanent fixture here, we’re only temporary.”

I admit it was a bit tough to debate without the law in hand or an expert grasp of it but I bluffed ahead anyway…”I don’t see how a festival that is here every single Friday night of the year is not permanent. I want you to clear these ramps and if I don’t see them clear next week I will take this to the mayor and city council.”

We left it when he told me not to worry and he’d take care of it.

Another week goes by, another session of therapy, and another workout.  Dinner afterward. 
Two corners blocked by the same vendor booths.

OK, now it’s time to follow through on my promise…

Darryl
Copyright 2013 - Darryl Musick
All Rights Reserved