.jpg)
A wheelchair user is trying to keep a federal judge from dismissing his complaint accusing the Chicago Cubs of violating the Americans with Disabilities Act when renovating Wrigley Field and redesigning some seating areas.
In a complaint filed Dec. 15 in federal court in Chicago, David F. Cerda sued the Cubs saying Wrigley Field renovations prevent him from watching baseball games from the right field bleachers and from seeing the whole game when he sits behind home plate. On April 6, the Cubs asked U.S. District Judge Jorge L. Alonso to dismiss Cerda’s complaint; he filed his response to that action on May 18.
Cerda, who has Duchenne muscular dystrophy, said, after the Cubs rebuilt the right and left field bleachers, his former right field seating area now is a specially ticketed area with a bar. There also is a bar area in the new left field bleachers, he said, although that area never had wheelchair seating.
While wheelchair areas remain in the lower box portion of the stadium bowl, Cerda said when he attended a game in 2017, he noted the wheelchair seats were several rows farther from the field of play than they had been in 2014, and from the new seats he “was unable to see the full field of play when patrons in front of him were standing.”
In moving to dismiss, the Cubs noted the Wrigley renovation project is ongoing, and will not be completed until 2019. The club also explained the bleacher reconstruction involved no federal government assistance, a fact they say invalidates Cerda’s claim. The team said there are 30 seats available on an individual ticket basis in both the right and left field bleachers, as well as 15 seats reserved for group sales, for those requiring wheelchairs.
The Cubs also said the ADA does not specify where accessible seats must be located, and therefore Cerda can’t claim an injury based on relocation of the lower bowl seats previously centered behind home plate. The team further argued the ADA does not mandate front-row seating in any section, and said its website seating map meets legal obligations for identifying locations of accessible seating. If Alonso won’t dismiss the complaint, the team said, he should at least stay the proceedings until renovations are complete.
In response, Cerda said the Cubs acknowledged falling short of ADA guidelines, such as by having only 42 ADA seats rather than the required 217 for the 2018 season, a fact he said barred him from buying box seat tickets. He also said the team is required to vertically disperse accessible seats throughout the ballpark’s seating areas, but alleged “all ADA seats are at the last row of a given section,” while none are in the luxury box tier, a fact he said constitutes an ongoing injury that should preclude dismissal.
He specifically targeted the new 1914 American Airlines Club luxury seating area behind and around home plate, since he would like to purchase seats in that zone. However, the team indicated “only members of the 1914 Club have the right to purchase club box seats, and no new memberships are available.” The waiting list for club membership is 1,400 names long, and does not include Cerda’s.
Once renovations are complete in 2019, the team said, there will be more accessible seats than at any point in Wrigley Field history, as well as improved elevator access to upper levels of the park and accessible seating near the Catalina Club.
David F. Cerda is represented in the matter by David A. Cerda, of Cerda Law Office, Chicago.
The Cubs are represented by Seyfarth Shaw, LLP, with offices in Chicago and Washington, D.C.