AUG 9, 1993

The Honorable Tom Harkin

United States Senator
210 Walnut Street
733 Federal Building
Des Moines, Iowa 50309

Dear Senator Harkin:

This letter is in response to your inquiry on behalf of your

constituent, XX regarding the inability of spectators
using wheelchairs to see over other spectators standing in front
of them at a concert in the Veterans Memorial Auditorium in
Des Moines, Iowa.

The Americans with Disabilities Act of 1990 ("ADA")

authorizes the Department of Justice to provide technical
assistance to individuals and entities having rights or
obligations under the Act. This letter provides informal
guidance to assist your constituent in understanding the ADA's
requirements. However, it does not constitute a legal
interpretation and it is not binding on the Department.

As a facility owned by the city of Des Moines, the Veterans

Memorial Coliseum is covered by title II of the ADA. That title
requires State and local governments to operate each of their
programs, services, and activities so that those programs
services, and activities, when viewed in their entirety, are
readily accessible to and usable by individuals with
disabilities, unless doing so would either fundamentally alter
the nature of program, service, or activity, or would constitute
an undue financial or administrative burden on the public entity.
If, as XX claims, individuals with disabilities who
attend a concert are unable to see what other spectators can see,
it is unlikely that the Memorial Auditorium has met the
requirement of providing program access. In addition, requiring
all persons in wheelchairs to sit in the balcony, rather than in
the front row or in another accessible row on the main floor,

cc: Records; Chrono; Wadatch; McDowney; Bowen; contois; FOIA

MAF. \udd\contois\cgl\harkin2
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might also violate the ADA. Thus, unless it would be an undue

burden on the city, or a fundamental alteration of the program or
service, the city would be required by title II to provide
spectators using wheelchairs with seating locations and lines of
sight comparable to those for other spectators.

For your information, I am enclosing a copy of this

Department's regulations implementing title II of the ADA and the
Technical Assistance Manual that was developed to assist
individuals and entities subject to the ADA to understand the
requirements of title II. I hope this information is useful to
you in responding to your constituent.

Sincerely,

James P. Turner
Acting Assistant Attorney General
Civil Rights Division

Enclosures
01-02509 UNITED STATES SENATE
​ WASHINGTON, D.C. 20510-1502

MAY 28, 1993

John Wodatch, Director

Office of the Americans with Disabilities
Civil Rights Division
U.S. Department of Justice
P.C. Box 66788
Washington, DC 20035-2227

Dear Mr. Wodatch:

An employee of a residential group home for persons with

disabilities in Des Moines, Iowa, contacted my office regarding
problems residents encountered while attending concert at the
Veterans Memorial Auditorium. The employee, XX , was
concerned because the residents, who all used wheelchairs, were
given seating on the first floor of the auditorium, in the
fifteen row, and could not see the performer when people in front
of them were standing.

Enclosed is a copy of the correspondence XX received

in response to a complaint he made with the Veterans Auditorium.
XX does not feel that the managers of the auditorium
provided reasonable accommodations. I would appreciate your
assistance by reviewing the correspondence and informing me of
your impression if reasonable accommodations were provided.
 Please direct your response to the attention of Denita
Swenson in my Des Moines office.
The address and telephone number are listed below.

Thank you for your help.

Sincerely,

Tom Harkin
United States Senator

TH/ds
enclosure

01-02510

VETERANS MEMORIAL
AUDITORIUM

April 26, 1993

XX
XX
XX
Des Moines, IA 50310

Dear XX,

I would first like to thank you for taking the time to call us
concerning the problems you encountered during our Michael W. Smith
concert. Handicapped seating is a problem we are constantly
dealing with and trying to find a better solution.
The wheelchair seating was located in row 15 on the main floor due
to our fire code restrictions. Row 14 was held for anyone else in
the party so everyone would be able to sit together.
Unfortunately, the cashier sold tickets to your group in the wrong
row.

We have examined the possibility of putting the handicapped seating

in the first row. However, in other buildings who have tried this
there has been a dramatic increase in the handicapped. People have
even gone so far as to rent a wheelchair for the show, so they can
have the first row. Unfortunately, we believe this has left people
who are truly disabled, unable to get a seat.

The use of platforms has also been looked at but brings up another
set of problems and concerns. The ramp to get to the platforms
must be a certain length depending on the height of the platform
which the location for this-must be placed as not to hinder a quick
exit in case of emergency for all patrons. This also creates a
problem because all people seated behind the platform can not see
the entertainer.

Our ushers have been instructed to move any wheelchair patrons to

a different location, if possible, where they would be able to see
better. They could have suggested your party move up to our
wheelchair seating in the balcony. This section has only been in
use approximately three months, but so far has been very successful
and has been well received by our handicapped patrons.

833 Fifth Avenue, Des Moines. Iowa 50309 (515) 242-2946 * FAX (515)242-2988

01-02511

I want to extend my sincere apologies on behalf of myself and

Veteran's Auditorium. As your patronage means a lot to us, we are
sending you a gift certificate in the amount of $213.75, which is
equal to your purchase, to be used at any event in our facility.

Sincerely,

Jacki Embrey
Box Office Manager
01-02512