U-M Sued to Halt Stadium Upgrades

The Detroit Free Press

By Kristen Jordan Shamus, Free Press Education Writer
April 18, 2007

A  disabled veterans group sued the University of Michigan in federal court on Tuesday, asking a judge to halt the ongoing upgrades and plans for a $226-million renovation of Michigan Stadium because it believes the plans violate the Americans with Disabilities Act.

The Michigan chapter of Paralyzed Veterans of America claims that since the 1990s, U-M has failed to add enough seats for disabled fans or accommodate their needs for accessible restrooms, concessions and parking at Michigan Stadium.

The complaints are voiced by fans like Clark Shuler, 49, of Ann Arbor and a 15-year season ticket holder for U-M football.

Shuler, a member of the group, said getting around at Michigan Stadium in his wheelchair isn't easy. The ramps to the bathrooms are too steep and he's got no options when it comes to seating.

I'm not going to be a season ticket holder next year. I don't want to deal with this nonsense anymore," he said Tuesday. "I'd rather sit in my living room and watch it and have access to a bathroom."

U-M spokeswoman Kelly Cunningham insisted the stadium is ADA compliant and considered the law in drawing up plans for the renovations.

"The university cares deeply about providing accessible seating for our fans. In fact, increasing the number and location of accessible seats has been a priority for the university from the very inception of the expansion project," Cunningham said.

Richard Bernstein, the Farmington Hills-based lawyer for the group, said the suit -- filed in U.S. District Court in Ann Arbor -- came only after attempts to negotiate with the university reached an impasse.

"It's upsetting that it actually had to come to this," said Bernstein, a U-M graduate who also teaches a class on social justice at the Ann Arbor campus.

The group asked Judge Sean Cox to issue an injunction to stop the upcoming renovation and force U-M to make the stadium more accessible.

The university has 20 days to respond to the suit.

Michigan Stadium currently has 90 wheelchair-accessible seats, all of which are in the end zone.

Federal guidelines grandfather in buildings like the Big House, which was constructed in 1927 -- well before the ADA passed in 1990. But when significant alterations take place, institutions must make 1% of seats accessible and scatter them throughout the stadium at various price points.

The upcoming renovations would bring the number of accessible seats to 282 with some on the east and west sides of the stadium, along with accessible luxury boxes and those already in the end zone, Cunningham said. That is about a quarter of 1% of the stadium's current capacity of 107,501 fans.

U-M has been under investigation by the U.S. Department of Education's Office for Civil Rights since 1999 over complaints about accessibility at the stadium.

Since then, U-M has agreed to better train staff members on access to the restrooms, provide a shuttle service for disabled fans, post better signs about accessible entrance/exit ramps and keep federal officials apprised of upcoming repairs.

No matter the outcome of the lawsuit, Shuler won't be back at the Big House anytime soon.

To Bernstein, that's sad.

"I just hope at the end of the day that this makes a difference," he said.