Feds - Fix the Big House

Detroit News

Lawsuits threatened over disabled access at U-M stadium

By Marisa Schultz
November 15, 2007

The federal Department of Education has again given the University of Michigan an ultimatum: fix the Big House or face a possible lawsuit from the U.S. government.

This time, the university has until Monday to agree to modifications to Michigan Stadium to make it accessible for disabled patrons, according to a letter from the education department's Office for Civil Rights.

"Because the university has indicated it will not reconsider its negotiating position and has not otherwise agreed to take action to correct the noncompliance, OCR has been unable to obtain voluntary corrective action to ensure compliance and feels compelled to issue this notification," according to the letter to U-M dated Nov. 9.

The university maintains it has accommodated all ticket holders who are disabled and that it doesn't need to change the seating bowl to meet federal Americans with Disabilities Act standards.

U-M spokeswoman Kelly Cunningham said the university will submit a response by Monday. "We are very optimistic about reaching a resolution," Cunningham said.

The department's civil rights office found that the stadium violates federal accessibility laws because it doesn't provide enough wheelchair seating for disabled patrons, currently 88 seats in the end zones; it doesn't have disabled seating dispersed throughout the stadium; and the stadium lacks sufficiently accessible bathrooms and ramps, according to a report it issued last month to U-M, threatening the denial of federal funds or court action if U-M didn't respond within 10 days.

U-M replied to that report, but strongly disagreed with the findings. "No ticket holder has ever been denied an accessible seat at Michigan Stadium and we are committed to ensure that this will never happen," U-M said in a response.

U-M already has been sued by the Michigan Paralyzed Veterans of America, which alleges the same accessibility violations at the stadium.

Richard Bernstein, attorney for the veterans, wants the Department of Justice to intervene. "If they don't get involved you don't have enforcement," Bernstein said. Meanwhile, he's proceeding with his case, sending out deposition notices to U-M President Mary Sue Coleman, the U-M regents and Athletic Director Bill Martin on Wednesday, he said.