## Facts

- Regal Cinemas and Eastgate Theatre operated six movie theaters in Oregon built with “stadium-riser seating,” placing most seats on stepped risers to improve viewing.
- All wheelchair-accessible seating was located in the front rows on the lower floor area, not within the stadium (riser) section.
- Evidence showed the average vertical viewing angle from wheelchair locations was about 42 degrees, compared to about 20 degrees from most other seats.
- Experts opined that physical discomfort begins at vertical viewing angles exceeding 35 degrees and that wheelchair users could not easily reposition to reduce discomfort.
- The relevant accessibility requirement was DOJ Standard 4.33.3 for assembly areas, requiring wheelchair areas to be an integral part of any fixed seating plan and to provide lines of sight comparable to those for the general public.
- The district court granted summary judgment to defendants, concluding Standard 4.33.3 required only accessible seating with unobstructed sightlines, not comparable viewing angles or placement within the stadium section.
- On appeal, only the individual plaintiffs pursued the Title III ADA claim.

## Issues

1. Whether DOJ Standard 4.33.3’s requirement of “lines of sight comparable to those for members of the general public” includes comparable vertical viewing angles in stadium-style movie theaters.
2. Whether Standard 4.33.3’s requirement that wheelchair areas be “an integral part” of the fixed seating plan prohibits locating all wheelchair seating exclusively in inferior front-row locations.
3. What level of deference is owed to DOJ’s interpretation of its own ADA regulation when assessing compliance in stadium-style theaters.

## Decision

- The Ninth Circuit reversed the summary judgment on the ADA Title III claim and remanded.
- The court held DOJ’s interpretation of Standard 4.33.3—requiring comparable lines of sight that include vertical viewing angles—is reasonable and entitled to controlling deference unless plainly erroneous or inconsistent with the regulation.
- The court rejected the view that “comparable lines of sight” concerns only obstructions, concluding it also concerns the quality of viewing, including viewing angles.
- The court held the district court erred in ruling that the regulation did not require integration of wheelchair seating into the stadium portion of stadium-style theaters.
- Given the record evidence of substantially steeper angles and associated discomfort for wheelchair patrons, placing all wheelchair seating in the front rows did not satisfy Standard 4.33.3.

## Legal Principles

- Under Title III of the ADA, DOJ Standard 4.33.3 requires wheelchair seating in assembly areas to be integrated into the fixed seating plan and to provide lines of sight comparable to those available to the general public.
- In stadium-style movie theaters, “comparable lines of sight” may require comparable vertical viewing angles, not merely unobstructed views.
- DOJ’s interpretation of its own ADA regulations is entitled to controlling deference unless plainly erroneous or inconsistent with the regulation.
- Concentrating wheelchair seating exclusively in inferior locations can violate both the “comparable lines of sight” requirement and the “integral part” integration requirement.

## Conclusion

The Ninth Circuit held that stadium-style theaters must provide wheelchair users seating integrated with the overall seating plan and offering comparable viewing conditions, including vertical viewing angles; relegating all wheelchair seating to steep-angle front rows violates Title III and Standard 4.33.3.


Or. Paralyzed Veterans of Am. v. Regal Cinemas, Inc., 339 F.3d 1126 (9th Cir. 2003)