Michigan in the Hot Seat Over Wheelchair Access to Stadium

The Chronicle of Higher Education

By Brad Wolverton
November 9, 2007

The University of Michigan at Ann Arbor has repeatedly violated federal law by failing to retrofit its 107,000-seat football stadium with adequate wheelchair access during multiple renovations, the U.S. Education Department said in a harshly worded report released late last month.

The 42-page letter calls on the university to make extensive — and costly — changes in the stadium or risk losing tens of millions of dollars in federal financial aid and grants awarded to students and faculty members every year.

If Michigan does not comply, the Education Department could turn the case over to the Department of Justice.

Michigan officials vigorously defended the university's compliance with the federal Americans With Disabilities Act and disagreed with the government's findings, which came in response to three complaints filed over the past eight years and an extensive investigation by the department's Office for Civil Rights.

But the government's investigation and findings have already created ripples that go well beyond Ann Arbor, several legal experts said.

"This is a clear warning signal to other institutions to take greater heed in compliance with ADA requirements across the board — not only in arenas and stadiums, but campus facilities as a whole," said Sheldon E. Steinbach, a lawyer in Washington and former general counsel for the American Council on Education.

The Big House — the nickname for Michigan Stadium — has been the subject of much controversy of late. More than 600 faculty members signed a petition last month opposing a planned $226-million renovation of the facility, which is scheduled to begin in late November. The university also faces a lawsuit from the Michigan Paralyzed Veterans of America, which alleges that the stadium fails to provide adequate seating for people with disabilities.

Renovations or Repairs?

Richard Bernstein, a lawyer representing the veterans group, said last week that he planned to file a motion asking the court to find the university in violation of the law. "All we're asking for is for the University of Michigan to follow basic federal guidelines," he said. "You have to have seats scattered throughout the stadium so disabled people aren't totally segregated."

According to the report, Michigan offers 88 seats for people with disabilities, far fewer than required by law. Michigan contends that it should not have had to add more wheelchair access during several recent stadium upgrades because the university was merely repairing — not renovating — the facility, originally built in 1927.

The Education Department disagreed, saying the university has altered more than 90,000 seats over the past two decades without adequately accounting for people with disabilities.

The department also chastised the university for impeding its investigation by failing to respond to multiple requests for information about various construction projects. Michigan also did not disclose that it had significantly altered its stadium without adding more wheelchair seats as required by law, the report said.

Michigan has until the end of this week to respond to the government's letter. Kelly Cunningham, a university spokeswoman, said Michigan plans to respond within that time but that the university will not admit to any wrongdoing.

She added that the planned stadium renovation calls for the university to triple the number of wheelchair-accessible seats, "going way beyond demand." The renovation also includes wheelchair-accessible concession areas, restrooms, and elevators.

"Our goal is to move forward with this," she said. "Adding more access is something we care deeply about.