Feds Find Michigan Stadium Violates Disabilities Law

The Ann Arbor News

By Dave Gershman
October 30, 2007

The U.S. Department of Education says Michigan Stadium is not accessible to disabled fans, a violation of federal regulations that could cost the University of Michigan millions of dollars in financial aid.

In a letter of findings dated Oct. 26, the DOE summarized an investigation of stadium accessibility that it has conducted over the last several years.

The letter says U-M is discriminating against disabled fans and that the stadium is in violation of the Americans With Disabilities Act of 1990.

DOE is obligated to take enforcement action by suspending federal financial assistance or referring the case for enforcement by the Department of Justice.

U-M has 10 days to respond to the letter.

The Office of Civil Rights in the DOE has been investigating Michigan Stadium's compliance with the disabilities act for several years. In 2000, U-M and the DOE signed a resolution agreement, but DOE reopened its investigation after receiving a new complaint.

At issue is renovations made to seating at the stadium in recent years. U-M contends they are minor repairs, but the DOE says they are major renovations that cause the disabilities act to take effect, requiring U-M to increase and improve seating for the handicapped.

"This was no simple repair," the DOE report states. "Moreover, the scope and nature of the projects affected the usability of the seating bowl and were so extensive that they were precisely the type of renovation that the law contemplates would allow for increased accessibility."

U-M spokeswoman Kelly Cunningham said the university believes the stadium is in full compliance with the act. Cunningham said the university has fully informed the DOE about plans for the stadium and the two sides have been in "earnest discussions" about improving stadium.

"We were therefore surprised and disappointed that they unexpectedly issued a negative statement that not only contains misinformation but also ignores the many measures we have already taken - as well as those we are now undertaking - to enhance access to the Michigan Stadium," she said.

In addition to the seating repairs in recent years, U-M is about to embark on a major remodeling that will add luxury boxes and major new additions to each side of the stadium.

U-M has spent millions over the years to remove and replace old benches and their concrete foundations. The ADA law requires older structures to add more handicapped seating when projects meet the legal definition of an "alteration."

U-M had claimed the projects were only repairs, so there was no legal requirement to add more handicapped seating. In its letter, the DOE says the law required U-M to bring the stadium bowl up to the higher level standard for accessibility.

In addition to this latest finding by the DOE, U-M is the subject of a federal lawsuit filed in April by the Michigan Paralyzed Veterans of America, which claims the stadium is inaccessible and the planned $226 million renovation project does not resolve those problems. The project, set to begin after the end of the football season in November, includes the addition of luxury boxes and club seats, as well as wider aisles in the stadium bowl, additional concourse space, and more bathrooms and concession facilities.

The design calls for more seats for disabled people. The renovated stadium will have 315 seats for disabled football fans, counting new seats in the bowl and the pricier luxury box and club seating areas. Currently, it has 90 seats for disabled people.

Richard Bernstein, a lawyer for the disabled veterans, said the DOE report bolsters his case and he plans to file a motion for summary judgment.

"That's the whole issue of our case," he said. "Basically what they're saying is the University of Michigan is not meeting ADA guidelines, that's the whole dispute of the case."