More than ten years after the Americans with Disabilities Act (ADA) was signed by former President George H. W. Bush, the Shubert Organization, Broadway's largest landlord with 16 landmark-protected theatres in its care, is nearing completion of physical modifications to its playhouses in order to make them compliant with the law.
According to Gerald Schoenfeld, longtime board chairman of the Shubert Organization, some $5 million has already been spent to modify the interiors of such theatres as the Winter Garden, the Music Box, and the Shubert to ensure they fall in line with ADA requirements. The improvements include the creation of designated seating areas with non-raked floors, widened restroom stalls, appropriate entrances and egresses, lowered drinking fountains and ticket windows, and more accommodating concession areas.
Schoenfeld hailed the construction, which has been underway since 1996, when the Shubert Organization reached an agreement with the U.S. Department of Justice to commence work on the Majestic Theatre. "This is a great example of the public and private sectors working together to remove barriers for all people who desire to enjoy the unique experience of seeing a Broadway show," he said.
The plans to date were spelled out in a pair of consent decrees that were issued last week and which effectively settle a lawsuit undertaken by federal prosecutors alleging that the Shubert Organization was violating the ADA and refusing to rectify the matter. (The federal government sued Yankee Stadium in 1999 before its owners agreed to comply.)
The ADA, in fact, contains some murky rules for modifying older buildings. For example, accessibility for the disabled should only be pursued in cases where it is "readily achievable" to do so. Many of the theatres operated by the Shubert Organization are nearly 100 years old (the Lyceum opened Nov. 2, 1903), and even the younger structures, such as the Ethel Barrymore, were erected in the 1920s.
Under the regulations set forth in the ADA, 1% of all seats in an auditorium must be set aside for disabled people, along with an equal number of seats for their companions. In addition, both top-price and bottom-price seats must be made available.