Stadium Suit Going to Trial

Ann Arbor News

U-M, disabled veterans can't agree on wheelchair seating

By Dave Gershman, News Staff Reporter
August 09, 2007

The dispute over wheelchair seating at Michigan Stadium appears headed to trial after the University of Michigan and a disabled veterans advocacy group failed to reach an agreement through mediation.

At a status conference Wednesday, a judge scheduled dates for the continuation of the lawsuit - with a trial potentially beginning in September 2008, an attorney for the Michigan Paralyzed Veterans of America said.

The disabled veterans group sued the university in April, but a judge ordered both sides to try mediation first.

"There is no chance of negotiations at this point,'' said Richard Bernstein, the attorney for the disabled veterans group.”This matter is headed strictly to trial.''

U-M spokeswoman Kelly Cunningham said Wednesday that she was surprised by Bernstein's comments because discussions are ongoing. "We're continuing productive talks, we're still in productive discussions, and we hope that those discussions continue.''

U-M is preparing to spend $226 million to renovate the stadium, and add luxury boxes and club seating. The U-M Board of Regents gave the project the final go-ahead in June. Bernstein said U-M is proceeding with the project at its own risk.

The veterans group claims the renovation plans - as well as previous work to replace stadium concrete terraces - constitute an alteration of the stadium under the Americans with Disabilities Act of 1990. The group argues the university must have 1 percent of the 107,000 seats - 1,070 seats - accessible to the disabled.

The stadium has 90 accessible seats in the end zones. After the renovations, it will have 282 because 72 accessible seats will be added to the top row of the stadium's western side - and pricier accessible seats will be added in the new luxury boxes and club seating areas.

The university has said the work falls under an exemption in the ADA law for repairs and is not an alteration. U-M also argues that the work will benefit disabled fans.

Bernstein said he wants to take depositions from U-M regents, Athletic Director Bill Martin and President Mary Sue Coleman.