By Jeff Birren, Senior Writer
The Chicago Cubs play home games in Wrigley Field. It is an old stadium that has undergone significant changes over time. The last project began after the 2014 season. But according to the Chicago United States Attorney’s office, those renovations violate the American with Disabilities Act (“ADA”) in multiple ways. On July 14, 2022, it sued the Cubs and related entities, seeking damages, penalties, and a declaration that the renovation project violates the ADA, United States of America v. Chicago Baseball Holdings, LLC, Wrigley Field Holdings, LLC, WF Master Tenant, LLC and Chicago Cubs Baseball Club, LLC, Case No. 22 C 3639, U.S.D.C. N.D. Ill, Eastern Division, (7-14-22)).
Background
Wrigley Field is on Chicago’s north side. It was built in 1914 and is the country’s second oldest Major League Baseball stadium, after Boston’s Fenway Park. It was originally named Weeghman Park, after its owner, Charles H. Weeghman, who also owned the Federal League team that played there. When the Federal League folded, Weeghman purchased the Cubs and moved the team to his stadium. The Cubs played its first game at Weeghman Park in 1916.
In 1920 the Wrigley family purchased the team and renamed the stadium Wrigley Field in 1926. In 1937 the team began a series of improvements to the stadium, and that has continued over the decades. Changes were made in 1981-1982, 1984 and 1990, though those were just for the organization and players. Lights were added in 1988 and that year saw Wrigley Field’s first night game. Luxury suites were first added in 1989, and an elevator arrived in 1996.
Following the 2005 season the Cubs expanded the bleachers. Subsequent years saw the addition of a better drainage system for the playing field, a new playing surface, and a new scoreboard. The restrooms were remodeled, indoor batting cages were added for fans as were more suites, and in 2012 the “Budweiser bleachers” were spruced up with addition of a new patio and a large LED board in right field. Then came the project that led to this litigation.
The “1060 Project”
The Project began after the 2014 season. Hundreds of millions of dollars were spent to increase revenues “to ensure the viability of the ballpark for future generations of Cubs fans” (Id. at 4). The Cubs demolished the left and right field bleachers, added porches and group seating areas in both the left and right field bleachers, and four new club areas. They “also tore most of the lower grandstand down to the dirt before rebuilding that area of the stadium” (Id. at 6). The project may have worked for many, but it “reduced accessibility at the stadium” for wheelchair seating and other “non-seating elements” for individuals with disabilities.
The Bleachers
Wrigley Field has wheelchair seating in three general areas, including the bleachers. Allegedly, many “of these wheelchair seats are located in the last row of the bleachers” and this “was not the case before the 1060 Project” (Id. at 7). Although there is wheelchair seating in the Budweiser Patio, that can only be used by members the group that rented the space for a specific game. There are only three wheelchair seats in “Sec. 501 in the corner of left field, and 16 seats” in center field. However, Sec. 501 is sometimes used for television cameras rather than wheelchair seating, and the Batter’s Eye area “is covered by a mesh tarp, has tinted glass, is segregated from other bleacher fans, often gets abnormally hot in the summer and has been the subject of numerous complaints from wheelchair users” (Id. at 8). Fans in front of the wheelchair section often stand to watch the game, and “block wheelchair users’ ability to see the game.” One one of the newly constructed group seating areas does not have wheelchair seats or an accessible wheelchair route to the area, while another new area lacks a wheelchair “accessible route” (Id. at 9).
Lower Grandstand
This section has no wheelchair seating located below the cross-aisle. The Cubs added the 1914 Club, the Makers’ Mark Barrel Room, and the W Club below the cross-aisle, but wheelchair users do not have access to these new areas. “Ambulatory” Club members can watch the game “from club seating located directly behind home plate, as well as front row seats down the first and third base lines, but Club members using wheelchairs “do not have access to any of this seating” (Id. at 10). Their only option “is located far behind the club seating available to ambulatory members of these clubs.”
Over “half of the total wheelchair seating” in the lower grandstand is “located behind the very last row of the terrace area… in other words, the last row of the entire lower deck.” These seats “have obstructed views due to beams supporting the upper deck and are the worst seats in the entire grandstand.” “Fly balls disappear from view from this vantage point and the outfield scoreboard is often obscured.” Finally, the 63 wheelchair seats “located on the cross-aisle between the 100 and 200 levels do not have adequate sightlines over standing patrons” (Id. at 11).
Upper Deck
The sightlines in the upper deck “are better than in the lower grandstand” “but are still not comparable to the views enjoyed by ambulatory fans.” This “is in stark contrast to the wheelchair seating options in the upper deck prior to the 1060 Project.” There had been 19 general admission wheelchair seats under the press box but those were eliminated to make room for a Club and these seats were moved down the baselines.
There are other alleged violations, including the claim that “counter surfaces are too high for wheelchair users, including ticket windows, concession stands and condiment stations” (Id. at 12). The stadium “has protruding objects along circulation paths that impede individuals who are blind or have low vision” as well as restrooms with paper towel dispensers that are out of reach for wheelchair users. One parking lot has gaps, loose surfaces, and excessive cross slopes and certain drop off points are “obstructed by curbs and jersey barriers, impeding wheelchair users’ ability to exit shuttles and safely enter the stadium.”
ADA
Congress passed the ADA, 42 U.S.C. 12101 et seq, in 1990. It was intended to provide “a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities” and to provide “strong, consistent, [and] enforceable standards addressing” discrimination. For public facilities, this includes a failure to make or design the facilities, or a failure to make alterations to make such facilities “readily accessible” (Id. at 13).
The “Standards of Accessible Design” were modified in 2010, and Wrigley Field’s alterations came later, the 2010 Standards apply. It required the stadium “to have 201 general admission wheelchair seats” and those “must be dispersed vertically and horizontally throughout the stadium.”
Wrigley Field “is also required to have additional wheelchair seating for luxury boxes, club boxes, and suites,” spread across the new seating areas. All wheelchair seats must have “compliant lines of sight to the field” and be “integrated into the seating plan so that wheelchair users are not isolated from other spectators, let alone their family and friends.” Furthermore, “the ADA prohibits an alteration that has the effect of decreasing the accessibility of a facility below the requirements for new construction at the time of the alteration.” Even for non-altered sections, the “ADA nevertheless requires an existing facility to remove architectural barriers ‘where such removal is readily achievable.’” This is defined as accomplished “without much difficulty or expense.”
The Lawsuit
The Complaint asserts that “there are ADA violations at Wrigley Field relating both to wheelchair seating and non-seating elements.” As to the wheelchair seating in the bleachers, “none” of those seats “currently designated by the Cubs in that area comply with the ADA.” Almost “all of those seats are located on the porches, (at the rear of the bleachers) or in the segregated, unsuitable Batter’s Eye area” and this “violates the ADA’s vertical dispersion and integration mandates” (Id. at 14). Prior to the changes, general admission wheelchair seating had been available in the right field bleachers, but that was converted to group seating for the Budweiser Patio (Id. at 15). The remaining wheelchair seats are “noncompliant” because they do not provide “lines of sight over standing spectators.”
In the Clubs and group seating areas, several areas “have no accessible route to the group seating area.” One section lacks “any wheelchair seating” while yet another “is noncompliant” due to inadequate sightlines.
The Grandstands
The lower grandstands “violate dispersion and integration requirement and/or because they do not have adequate sightlines over standing spectators.” Moreover, the grandstand “contains no wheelchair seats or accessible routes closer to the field than the cross-aisle” between the first and second levels, and therefore “over half of the total wheelchair seats in the lower grandstand [are] located behind the very last row of the grandstand with obstructed views” and lack “adequate sightlines over standing spectators” (Id. at 16).
These sections lack “sufficient ADA-required aisle seats with folding or retractable armrests.” The Complaint alleges that Wrigley Field “is required to have 187 proportionally distributed aisle seats to assist individuals who may not require a wheelchair” but “there are only 44 compliant aisle seats in the grandstand.”
In the upper deck, “most (if not all) of the existing or planned wheelchair seats lack adequate sightlines over standing spectators.” These sections also lack “proportional wheelchair seating options near the press box, which violates horizontal dispersion requirement” due to the removal of 19 general admission wheelchair seats to make room for the Catalina Club, and it does not have enough wheelchair seats (Id. at 17). The Complaint further states that the press box is required to have four wheelchair seats but has just two. In the suites, the procedure used for accommodating a wheelchair “is time consuming and subject wheelchair users to the risk of unwanted attention and embarrassment.”
The Complaint asserts that the lower grandstand Clubs “have inaccessible routes from the main concourse to the Clubs, including noncompliant running slopes, landings, and handrail extensions” on the way to the W Club, “and no unescorted, independently usable route directly into the Maker’s Mark Barrel Room.” These Clubs lack sightlines to see into the batting cages, “because the viewing panels are too high,” unlike for standing patrons, (Id. at 18). Wheelchair users in the Catalina Club and” Fannie May Bleacher Sweet” also have “obstructed views.”
The Claim for Relief
The Complaint requests a jury trial, seeks a declaration that the defendants have violated the ADA; an injunction “requiring the defendants to remedy the deficiencies described above; “compensatory damages; “civil penalties commensurate with the violations described above;” and “other relief as the court deems appropriate” (Id. At 19). The Complaint has four exhibits: three stadium maps and one three-page list of “Inaccessible Counters, Dining Surfaces, Toilet Rooms, Circulation Paths, and Parking and Shuttle Surfaces” (Id., Ex A-D
Conclusion
The defendants will soon respond to the Complaint, and undoubtedly the Court will order settlement discussions. The Cubs’ initial response was to release a statement that the team was “disappointed” that it had been sued, but aren’t all defendants “disappointed” to be sued?
If only half of the Complaint’s allegations are true, the defendants could be facing expensive problems, and one can only wonder what the architects and engineers were thinking when they began such a large project that potentially violated the ADA. The actual cost of the 1060 Project may soon be vastly higher, and insurance policies will be closely examined. For those planning to build or renovate stadiums or arenas, this case should serve as a reminder of the importance of ADA-compliance.
