Extensive renovations at Wrigley Field could be on deck, though this time under court order, should lawyers for the federal government prevail in newly filed claims against the Chicago Cubs that previous renovations to the Friendly Confines don’t meet the ground rules laid out in federal disability access law.
The lawsuit, filed by U.S. Attorney John Lausch, asks the court to order the Cubs to “remedy” the alleged problems, but doesn’t specify at this point what the Justice Department believes the Cubs need to do at Wrigley Field to do so.
The lawsuit further asks the court to order the Cubs to pay unspecified civil penalties and compensatory damages.
U.S. Attorney John Lausch
The lawsuit takes aim at the Cubs for renovations completed at Wrigley Field after 2014 under the so-called 1060 Project. The renovations resulted in an extensive rebuild and redesign of many of Wrigley’s seating areas.
In all, the Cubs spent hundreds of millions of dollars to bolster Wrigley’s formerly crumbling structure, while tearing out and rebuilding much of the lower grandstand and expanding and redesigning seating in Wrigley’s famous bleachers.
The Cubs also added a number of new premium seating and hospitality areas, including the Budweiser Patio area in the right field bleachers, the American Airlines 1914 Club behind home plate and the Catalina Club in the upper deck below the press box, among others.
The project enhanced fan amenities at Wrigley and addressed crowd safety issues at the park. The Cubs have said the renovations were designed to balance fan comfort and experience, against the historic quality of Wrigley Field, which is included on the National Register of Historic Places.
However, according to the federal complaint, the renovations allegedly failed to take into account visitors with disabilities, to the extent the Justice Department said was allegedly required by the Americans with Disabilities Act.
Among other allegations, the federal complaint asserts the Cubs reduced seating areas accessible to people in wheelchairs, and also did not provide aisle seats with arm rests that can be raised to allow easier access for people with disabilities who do not require wheelchairs.
The federal complaint, for instance, noted construction of the Budweiser Patio area eliminated “15 general admission wheelchair seats with excellent, unobstructed views … on the main bleacher concourse in right field.”
Other group hospitality areas also lack “accessible routes” for wheelchair users.
In the grandstands, the federal complaint asserts most wheelchair accessible seats are pushed back to “the last row of the entire lower deck,” and have obstructed views.
“These seats … are the worst seats in the entire grandstand,” the Justice Department wrote in its complaint.
In suites, the complaint asserts, wheelchair users can suffer from “unwanted attention and embarrassment” because of the difficulty of accommodating them.
Further, the complaint asserts Wrigley Field’s concession areas and restrooms do not meet federal accessibility standards, and “protruding objects” throughout the park allegedly disrupt the ability of wheelchair users to navigate the park’s concourses.
In a statement responding to the federal lawsuit, the Cubs said "the Friendly Confines is more welcoming than ever to fans with accessibility needs.”
“We are disappointed in the decision by the U.S. Department of Justice to file suit and hope the matter can be resolved amicably, but we will defend Wrigley Field and our position it meets accessibility requirements for fans. The renovation of Wrigley Field greatly increased accessibility of the ballpark and was completed in accordance with applicable law and historic preservation standards consistent with the ballpark’s designation as a National and City of Chicago landmark. Since the Department of Justice’s initiation of its review in November 2019, we have fully cooperated with every inquiry and made several offers to voluntarily further enhance accessible features of the ballpark, including seating, restrooms, concessions and other key accessibility elements, in response to the Department’s inquiry," the Cubs said.
“Wrigley Field is now more accessible than ever in its 108-year history, demonstrated by increasing, accessible seating options by more than 50 percent on and across more levels and in more locations. Wrigley Field has 11 more elevators than it did prior to the start of the renovation, more accessible restroom facilities, assistive listening technology for fans with hearing impairments, enhanced audio speakers and sound systems throughout the ballpark, and upgraded ticketing and online systems for purchase of seating, including accessible seating."
Many of the claims in the federal complaint mirror those in a lawsuit brought in 2017 by David Cerda.
Cerda, a wheelchair user, argued the Cubs have fallen far short in the number and types of accessible seating they offer at Wrigley Field.
The Cubs have argued in that case that the Wrigley renovations actually do comply with the ADA and with the 2010 ADA Standards for Accessible Design, which were in effect at the time Wrigley was renovated.
They also have argued seating at Wrigley for those with disabilities is spread appropriately throughout the ballpark. And the Cubs specifically further argued nothing in federal accessibility standards for ball parks require them to ensure all seating options for those with disabilities “be substantially equal to, or better than, those provided to all other spectators.”
Cerda’s lawsuit remains pending. However, the Cubs have most recently asked a federal judge to grant them summary judgment in the case, arguing Cerda has not established the Cubs violated accessibility standards.
In 2019, U.S. District Judge Jorge L. Alonso refused the Cubs attempt to dismiss Cerda’s lawsuit. In that ruling, Judge Alonso agreed the ADA does not require the Cubs to “place ADA seats in the front row.” But the judge at that time also expressed doubts the Cubs had enough accessible seating to satisfy the ADA.
The Cubs are represented in the Cerda matter by attorney Teresa L. Jakubowksi, and others with the firm of Barnes & Thornburg, of Chicago and Washington, D.C.