Exam 17: Planning and Accessibility Issues in Venueevent Operations
Groups who challenge stadium financing proposals have asserted a number of legal arguments. Identify and explain at least three of these arguments.
1. Violation of public trust doctrine: Some groups argue that stadium financing proposals violate the public trust doctrine, which holds that certain natural and cultural resources are preserved for public use and enjoyment. They argue that using public funds for stadium construction and maintenance goes against this principle, as it prioritizes private interests over the public good.
2. Lack of public benefit: Critics of stadium financing proposals often argue that the public funding allocated for stadium construction does not provide enough tangible benefits to the community. They claim that the economic benefits of a new stadium, such as job creation and increased tourism, are often overstated and do not justify the use of public funds. Additionally, they argue that the public should not bear the financial burden of a project that primarily benefits private sports teams and their owners.
3. Violation of state or local laws: Some groups challenge stadium financing proposals on the grounds that they violate specific state or local laws related to public funding and financial transparency. For example, they may argue that the proposed funding mechanism, such as tax increment financing or municipal bonds, does not comply with existing laws or regulations. They may also raise concerns about the lack of public input and transparency in the decision-making process for allocating public funds to stadium projects.
To determine the reasonableness of a spectator search at a public venue the courts look to the totality of the circumstances and typically analyze three factors, including which of the following?
C
What percentage of fixed seating must be accessible in a stadium or arena?
B
Questionable customer and financial impact of new stadium construction are often at the heart of public opposition to publicly financed sports facilities.
For our season ticket holders, what is the best way to ensure that someone requesting an accessible seat actually has a disability that requires an accessible feature?
The Fifth Amendment to the U.S. Constitution limits the power of the government to take private property for public use.
In PGA Tour, Inc. v. Martin, the U.S. Supreme Court developed a two-step analysis for determining _______.
Staff should be properly trained on how to manage customers seeking entry to sports venues with service animals. What are the two specific questions we are permitted to ask to determine whether to permit entry? What are we not allowed to request?
What are three of the five ways or benefits of using facial recognition technology at stadiums and sports venues? What legal rights are implicated when we use facial recognition or other biometric tracking technology at our stadiums?
The following animals are recognized service animals under the ADA
Many new stadium projects include the development of entertainment districts and zones that often require acquisition of land surrounding the development project that is owned by private landowners. The two most common legal strategies available to stadium development projects to acquire this land are_________.
Ticket holders with accessible seats may only sell their accessible seats on the secondary market to a purchaser who has a disability or needs accessible seating.
When audible communications are integral to the use of a stadium, stadium operators are expected to provide, at their expense, assistive listening devices to their patrons who are hearing impaired.
The 2010 amendments to the ADA updated regulations relating to ADA ticketing requirements in eight areas. Identify the eight areas and explain at least three of the eight areas and how they would impact ticket operations at a stadium or arena.
The scope of the ADA is interpreted narrowly by the courts to only apply to the removal of barriers to physical access to "places of public accommodation".
Legal challenges to stadium financing proposals have typically not been very successful.
The ADA identifies a number of specific sport entities that qualify as public accommodations; however, even if a sport entity is not specifically mentioned in the act, which of the following general categories of places of public accommodation are commonly used to encompass most sport entities?
How many additional seats must we permit a patron to purchase with an accessible seat?
Briefly explain how the ADA accessibility standards distinguish between newly constructed or renovated facilities and facilities built prior to 1992. Include a discussion of the difference between the terms "maximum extent feasible" and "readily achievable" and how those concepts relate to stadium renovations.
In 1996, the Department of Justice stated: "Without question the single most prevalent issue that arises in new stadium projects involves the lines of sight afforded to patrons who use wheelchairs and sit in the stadium's wheelchair seating locations. The ADA's Standards for Accessible Design-the architectural requirements applicable to new stadiums-require that wheelchair seating areas provide people with disabilities with lines of sight comparable to those for members of the general public. Thus, we believe that facilities like sports stadiums, where spectators can be expected to stand during the event, must provide wheelchair locations with lines of sight over those standing spectators" The decisions in Miller and Landis, when taken together further reaffirm that the DOJ Guides are entitled to substantial deference by the courts in ADA cases. Thus, explain how this standard was operationalized in Landis, and discuss the current ADA requirements for line of sights for wheelchair patrons at stadiums. You should include illustrations of the "between the heads and over the shoulders" standard.
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