accessible seating and ticketing - questions asked and ... · • the palace of auburn hills-- re:...
TRANSCRIPT
ACCESSIBLE SEATING AND
TICKETING - QUESTIONS
ASKED AND ANSWERED!
INTIX 2014
The John F. Kennedy Center
for the Performing Arts
© 2011 The John F. Kennedy Center for the Performing Arts
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This session will offer a quick review of key points
in the 2010 Americans with Disabilities Act
ticketing regulations followed by a question and
answer session on issues such as pricing
accessible seating, third party vendors selling
accessible tickets, releasing accessible seating,
and so much more. Included will be a facilitated
discussion on welcoming and serving customers
with disabilities while complying with federal
regulation.
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6 Significant Changes in 2010 ADA Regulations
Policies, Procedures, and Practices
1. Service animals
2. Mobility devices
3. Ticketing
Physical Access and Barrier Removal
4. 2010 Standards for
Accessible Design
5. Safe Harbor
6. Reduction of Elements
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NEA Tip Sheet:
http://arts.gov/sites/default/files/NEA-ADA-TipSheet-v2.pdf
• Charlotte Regional Visitors Authority Settlement Agreement – re: alterations requirements and
removal of architectural barriers to provide access to Ovens Auditorium (3/29/10)
• City of Cheyenne, WY (Taco John's Event Center), Settlement Agreement -- re: compliance with
new construction requirements at a City-owned multi-use arena (9/29/10)
• City of Kerrville, TX, and Playhouse 2000 (Cailloux Theater) Settlement Agreement -- re:
companion fixed seats; wheelchair seating locations that provide a choice of admission prices; a
reservations policy; (10/26/10)
• City of Memphis Settlement Agreement -- re: accessible seating in the Liberty Bowl Memorial
Stadium, accessible concession stands, gates, elevators, ramps, toilet rooms, suites, and press
boxes at the stadium (1/8/13)
• City of Milton, WA, Settlement Agreement -- re: architectural barrier removal and policy
modifications to make parks, recreation, and annual summer festival and parade route accessible to
persons with disabilities (7/14/10)
• The Palace of Auburn Hills -- re: barrier removal and modification of ticketing policies at an arena
(8/23/13)
• Louisiana Tech University Settlement Agreement – re: the use of internet-based learning product
for university course work allegedly inaccessible to student who is blind (7/23/13)
• XL Center - re: barrier removal and modification of ticketing policies at an arena (6/28/13)
• Newseum, Inc. -- re: improving access for individuals with disabilities to a museum’s building and
its exhibitions, programs, and website (12/6/13)
• Phoenix International Raceway – re: accessibility of grandstand seating, toilet rooms, accessible
route and parking at an arena (6/10/13)
• The Palace of Auburn Hills -- re: barrier removal and modification of ticketing policies at an arena
(8/23/13)
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Settlement Agreements – www.ada.gov
8 Sections of Ticketing Regulations
1. Ticket sales
2. Identification of seating
3. Ticket prices
4. Purchasing multiple tickets
5. Hold and release of tickets
6. Ticket transfer
7. Secondary ticket market
8. Prevention of fraud For more information/training check out the 5 part webinar series
produced by the ADA Great Lakes Center at:
www.adaconferences.org/Ticketing/Archives/
For the actual regulations on ticketing go to: www.ada.gov
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Highlights Section 1: Ticket Sales
•Accessible seating defined
•Same hours, stages, outlets, methods, terms
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Phone, in-person,
online
Wheelchair
location and
companion seats
Must provide
accessible
seating to the
third party
ticket vendors
Highlights Section 2: Identification of accessible seating
• Availability & Location • Provide info about available of
accessible seating, upon
request
• Features • Describe features of available
accessible seating in enough detail for the patron to make their own choice, upon request
• Same level of specificity • See example to right
• Brochures, maps, etc. • Provide material that identifies
accessible seating if provided to others
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Highlights Section 3 : Ticket Prices
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50% of all seats
25% of all seats
$100
$25
$50
BUT .. IF all 8 are in the
BALCONY?
…all wheelchair locs are
$25
8 wheelchair locs all in
the orchestra (100%)
Priced proportionally =
•4 whch locs at $100
•2 whch locs at $50
•2 whch locs at $25
Nothing prohibits
discounting – wheelchair
locs may cost less than
those around them.
25% of all seats
Available at all price levels
•If seats are not physically located in
all price levels use proportional pricing
•Accessible seats may not be priced
higher than the seats around them
Highlights Section 4 : Purchase multiple tickets
Up to 3 companion seats
Contiguous and in the
Same row If not, then as close as possible
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If available at the
time of sale
May hold
3 companion seats
but
not required
to do so
Not required to be the
same price if not
contiguous and in the
same row
Same number of tickets As anyone else is limited to
or allowed to purchase
Highlights Section 5 : Hold and Release
Only three conditions under which accessible
seats may be released:
All non-accessible seats are:
1) sold out in the venue,
2) sold out in an area, or
3) sold out in a price
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Venue
defines
“sold-out”
Take into account
reasonable expectation of
releasing holds
Example of “Sold Out” definition
Definition: For the purposes of releasing the mandatory
wheelchair/companion seats for general sale, an event or designated
area is “sold out” when all seats for sale in the venue or designated
area have been sold with the exception of holds. Holds include, but are
not limited to, company, promoter, press, development, and manager
holds.
Policy/Procedure: Once the venue or event is determined to be
sold out wheelchair/companion seats may be released for general sale,
except that a minimum of 4 wheelchair locations and 4 companion
seats, if available, will remain on hold until all other holds are released
for sale to the general public.
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What about Subscription or Series-of-events tickets
If accessible seating tickets are sold to a person without a
disability the venue must –
• set up process that prevents automatic reassignment of accessible seating to person without disability
• provide an opportunity for a person with disability to purchase the tickets in future (when person becomes eligible)
Ownership rights? When tickets in accessible seating are forfeited or returned provide an opportunity for a person with disability to purchase the tickets
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Highlights Section 6 : Transfer tickets
Person with a disability may:
Transfer (give or sell) tickets for accessible
seating to a third party under the same
terms/conditions as any other patron is
allowed to do so
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Highlights Section 7: Secondary Market
Venue must :
• Honor tickets acquired on the secondary
market
• Exchange to comparable
accessible location
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IMPORTANT: If
available when
presented
Any transfer of tickets
after initial sale
Highlights Section 8: Prevention of Fraud
May not ask for proof of disability
May ask for a: verbal attestation at time of purchase by phone or in person
“click” attestation when purchasing online
written attestation when purchasing a subscription or series of tickets.
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“Do you, or a member of your
party, have a mobility
disability or disability
requiring the use of the
features of the accessible
location.”
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“By checking this box, I acknowledge that I am purchasing wheelchair
accessible seats, that accessible seats are for use by a person with a disability
who requires accessible seating due to a disability, and that the venue
reserves the right to take a action against individuals who fraudulently obtain
accessible seating.”
“Wheelchair, sign-interpreted and captioned seating is reserved for the
exclusive use of patrons with disabilities and their guests. The purchase or use
of these seating locations by non-disabled individuals is strictly prohibited and
can result in relocation or ejection. (check box) Yes, I or one of my guests
require(s) the accessibility features of the seats that I have selected.
Sample Online Attestations
Who Can Purchase Accessible Seating and Who can
use them?
Patron with a mobility disability, such as:
Wheelchair users, someone who uses other mobility devices, or who cannot climb stairs or walk long distances because of significant arthritis, severe respiratory, circulatory or cardiac conditions,
Patron whose disability requires the use of the
accessible features of a wheelchair location,
such as: Someone who cannot sit in a straight-back chair or whose service dog cannot fit under a non-accessible seat.
Companions and/or patron who is purchasing
tickets for someone who meets the conditions
above.
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What Can You Ask?
Do you or a member of your party, or the person for whom you are purchasing a ticket:
1. have a disability?
2. require the use of the features of the accessible location?
There must be a relationship between the individual’s disability and the need for the seat/space
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Highlights Section 8: Prevention of Fraud
May investigate where there is
good cause to believe
purchase is fraudulent
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Betty Siegel
Director of VSA and Accessibility
The John F. Kennedy Center for the Performing Arts
Washington, D.C. 20566
(202) 416-8727 (voice)
(202) 416-8728 (TTY)
Disclaimer
Information contained in this presentation is for general guidance. The information in this
presentation is not intended to be legal advice nor a rendering of legal advice, opinion or services.
Recipients should consult with their own professional legal advisor.