Big House to Beef Up Seating for Disabled

Detroit News

U-M settles lawsuit; it will add 248 stadium seats by 2010. Deal may set standard for U.S.

By Marisa Schultz
March 11, 2008

Football fans with disabilities will have access to prime sideline seating in Michigan Stadium starting next fall under a landmark agreement reached Monday that allows University of Michigan to ultimately retain its title of the largest stadium in the country.

The 30-page federal consent decree approved in the U.S. District Court effectively ends the U.S. Justice Department's lawsuit against the university that claimed U-M discriminated against disabled patrons by failing to provide adequate wheelchair seating, bathrooms and parking spaces.

And while the agreement doesn't go as far as requiring that 1 percent of all seating -- or more than 1,000 seats -- be wheelchair accessible under the federal requirement for new stadium construction, the agreement does send a strong signal that even older stadiums need to be wheelchair friendly, disability advocates say.

"The stakes were high on both sides," said Andrew Imparato, head of the Washington-based American Association of People With Disabilities. The settlement "seems to send a message that this obligation needs to be taken seriously and the Justice Department isn't afraid to go after a university with a talented legal team and with deep pockets."

For its part, U-M didn't admit any wrongdoing in the settlement agreement. Leaders there had maintained the stadium, built in 1927, met all standards under the federal Americans With Disabilities Act, an assertion that prompted, in part, the U.S. Justice Department to join a lawsuit against the university in November.

Monday's agreement aligns with U-M's long-term vision to create a more accessible stadium, leaders said.

"We are all really excited about it," said Gloria Hage, interim general counsel at U-M. "It's a win-win all around. It enhances accessibility of Michigan Stadium."

Michigan Stadium, commonly called the Big House, has a capacity of 107,501, making it the largest in the nation. But the stadium currently has 81 wheelchair seats in the end zones.

By the start of the 2008 season, wheelchair users will have 96 additional seats on the east side of the stadium in row 54, each with a companion seat. By the 2010 football season, 24 more wheelchair seats will be added in the student section and 56 will be added along the east sideline in row 72.

In all, Michigan Stadium will have 329 permanent wheelchair seats and 329 seats for their companions in the bowl, additional wheelchair parking spots, about 20 renovated bathrooms and improved routes along the concourses by 2010. The cost will be about $2 million, according to U-M estimates.

"The Big House will now be known as the open house," said an elated Mike Harris, executive director of the Michigan Paralyzed Veterans of America, which has been pushing since 1997 to bring Michigan Stadium up to modern accessibility standards.

But some season ticket holders will be displaced in order to make room for the extra wheelchair spaces and companion seats. On average, adding one wheelchair seat means a loss of about 13 traditional bench seats. Nearly 2,500 bench seats will be lost by 2010 on the east sideline to make up for the wheelchair seats, Hage said.

Those patrons will be notified and will be relocated. It was not immediately clear where those fans would go and who they may potentially replace.

"Our fans are just fantastic and we anticipate they will be very supportive," Hage said.

U-M will drop down to a capacity of 106,201 in 2008 season -- below Penn State's 107,282.

But that won't be for long. U-M is in the midst of a $226 million renovation of the stadium that will widen aisles and seats and create a new press box, concourse, luxury boxes and indoor and outdoor club seats. The pricier luxury boxes and club seats will add about 5,000 spots, including about 135 wheelchair-accessible seats.

U-M should reclaim its title in 2010.

"Ultimately, the seating will increase over time and we expect to have the largest capacity of any stadium in the country," Hage said.

The accessibility concerns were originally raised by the Michigan Paralyzed Veterans of America, which filed a lawsuit against U-M in April. It was the latest controversy surrounding the renovation plan that had already frustrated scores of fans and faculty who protested the creation of 85 luxury boxes.

In addition, the massive construction project, which started immediately after the final home game of the season, rendered the stadium inoperable for the estimated 3,500 graduates who won't have their spring commencement in the Big House.

In October, more than 600 U-M faculty and staff members submitted a petition opposing the renovation, calling its approval process "deeply flawed" and damaging to the university's reputation.

"They were interested in putting up luxury boxes for donors and the wealthy and they paid no attention to over 600 faculty and staff that signed a petition and countless of others around Michigan," said Irwin Goldstein, U-M professor emeritus and longtime season ticket holder who spearheaded the signature drive.

U-M's actions ultimately hurt the average ticket holder, he said. Bench seats will be lost at a time when 10,000 people are on the ticket waiting list and luxuries for the rich will be added instead.

U-M is saying that "it's much more important to have seating for the wealthy and university donors than for ordinary people, which I think is too bad," Goldstein said. "I congratulate the disabled veterans for their settlement. They essentially won their case, and of course, they deserved to win."

Richard Bernstein, attorney for veterans, praised the agreement and the Justice Department's willingness to enforce the laws.

"The message here is whether you are a stadium owner or hotel owner, when you do renovation work on your facility, look to the University of Michigan and recognize that a renovation also has to include improved access for people with disabilities," he said.

Leaders at the Justice Department said the consent decree was a victory for all U-M fans.

"This agreement will ensure that the university's football stadium has the accessible seating and amenities that federal law requires," Grace Chung Becker, acting assistant attorney general for the Civil Rights Division, said in a statement.