Winning A Lawsuit Vs. Enforcing The Law
I want to start by telling a story.
It takes place about a month before the pandemic. For work, my boss, my intern, a casting director and I go to see a client in his Broadway show. Towards the end of the first act I knew that I would have to use the restroom at intermission, something I try to avoid as the lines are often way too long, the bathrooms are typically inaccessible and I don’t want to deal with the humiliation of not being able to reach the sink. As soon as the lights went up I was out of my seat, found the nearest usher, and asked where the handicap-accessible bathroom was, having recently discovered that some (note I did not say all) theaters do have a separate handicap bathroom. The usher looked at me like I had no clue what I was talking about. I calmly asked again if there was a separate handicap bathroom somewhere in the theatre. I know there is a handicap stall in the public bathroom, but knowing that it takes longer for me to use a public restroom, I always ask. He did not know the answer, waved over a colleague, and asked him, all while I am doing my best to maintain my composure. This other usher said the handicap bathroom was across the street, yes, across the street, in another building. My desperate need to use the bathroom overwhelmed my fierce anger so I ran across the street. I announced who I was to the woman at the front desk, why I was there, and was told that the bathroom was on the fourth floor.
The handicap-accessible bathroom at a Broadway theatre was across the street, in a separate building, on the fourth floor.
What I did: I ran back to the theatre and found my seat before the start of Act 2 and sat uncomfortably for over an hour trying to enjoy the show and not pee my pants.
What I wish I did: Told the ushers that fine, I will use the bathroom across the street, but demanded that the show does not start until I get back and that everyone working in the theatre be told why.
Why am I bringing this up?
On Tuesday, July 13 the U.S. Attorney for the Southern District of New York filed and simultaneously settled a lawsuit against Jujamcyn Theaters to improve accessibility. Jujamcyn is one of the three major theater owners in New York, owning five of the 41 Broadway theatres. Jujamcyn agreed to the following terms in addition to paying a $40,000 civil penalty for ADA violations:
Provide a total of 44 wheelchair accessible seating locations, and direct its ticket vendors to accord priority to persons with disabilities in selling those seating locations
Provide a total of 54 aisle transfer seating locations for persons who are able to transfer from a wheelchair into a seat, and direct its ticket vendors to accord priority to persons with disabilities in selling those seating locations
Eliminate approximately 200 individual barriers to accessibility in theater restrooms, concession counters, waiting areas, and box offices.
Barriers, as defined by the ADA, can either be architectural or communication barriers that are structural in nature. Examples of architectural barriers include lack of ramps and elevators along with drinking fountains, soap dispensers, etc. mounted too high and uneven ground surfaces. Structural communication barriers include but are not limited to conventional signage that does not include Braille and physical partitions that inhibit the passage of sound.
It should be noted that this settlement does not mandate that Jujamcyn install elevators or construct additional accessible bathrooms for persons with disabilities.
This is not the first disability lawsuit filed on Broadway. Shubert Theatres and the Nederlander organization, the other two major theatre owners on Broadway, were similarly sued and settled in 2003 and 2014 respectively. The terms agreed upon in both suits were similar to those agreed upon with Jujamcyn.
How effective were these suits? Well, let’s just say the theatre where the above incident occurred was not owned by Jujamcyn.
Nowhere in the text of the three lawsuits does it discuss how these terms will be enforced. But at Shubert and Nederlander theaters, few have a separate bathroom specifically for patrons with a disability. In the main restrooms, sinks and locks are still too high and out of reach. Most have a handicap-accessible stall in their public restrooms. However, these stalls are often and consistently used by able-bodied patrons waiting their turn in line. There is no bathroom attendant there to stop able-bodied people from using the handicap stall. There is no separate line in which a disabled person can wait for the bathroom stall designated just for them. As a result, the disabled person has to wait in the same long lines that form before, during, and after the show, for the one stall that is designed to be accessible to them. They must wait their turn with everyone else and when they finally enter the bathroom they must wait again for the able-bodied person to exit the handicapped stall. Furthermore, most theatres, whether they are owned by Jujamcyn, Shubert, or Nederlander, do not have public bathrooms on every floor nor do they all have elevators.
It is also important to note that the terms of the lawsuits do not address accessibility backstage. Having had the privilege of going backstage a few times and talking to actress Sofiya Cheyenne, I know that the backstage areas of most Broadway theatres are just as inaccessible as the front of house. Some backstage areas do not have elevators meaning dressing rooms on the upper floors cannot be accessed by performers and backstage workers in a wheelchair or with limited mobility.
Do I understand that these theatres are historical landmarks and protected under certain clauses and regulations? Of course.
These buildings are landmarks and should be protected. Making them accessible will not diminish the history, the integrity, nor the majesty of these buildings.
What theatres can and must do, especially in a post-COVID world, is enforce the regulations laid out in the ADA. They can and should create a separate line for those with disabilities to use the handicap stall and have an attendant in the bathroom to ensure that able-bodied patrons do not use it. In a world where everyone is using hand sanitizer and constantly washing their hands, they can install soap dispensers that are closer to the counter rather than the mirror. Broadway can be accessible but those working in the theatre and in the audience need to put in the work.
Is it good to be compliant with the ADA? Is it enough? The evidence suggests otherwise.
Truth be told, the reason why I asked the usher about the handicap bathroom is because, more often than not, using the public restroom in a theater is a dehumanizing experience. I’m hoping that I can reach the lock, balancing my purse on my lap because rarely is there a hook low enough for me to access. The soap and/or the faucet is almost always out of reach and the counters are too high for me to climb. Plus, it is not the most becoming, or sanitary, for a 26-year-old to be sitting on a counter in a public restroom in order to reach the sink. When I’m in these situations I feel everyone’s eyes on me and yet no one asks if I need help (and in these situations I am looking for someone who looks nice enough to ask).
In regards to making Broadway more accessible, the responsibility does not lie solely on the theatres.
There needs to be an onus on those in the audience to understand and respect the needs of those with disabilities. Able-bodied people should know not to use a handicap accessible stall. We all have an obligation to do better.
Winning the lawsuit is one thing, enforcing the law is another. From buying tickets to using the restroom, we ALL have a part to play towards making Broadway accessible and enjoyable for everyone.
Learn More:
DOJ: U.S. Attorney Files And Simultaneously Settles Lawsuit Against Jujamcyn Theaters LLC To Improve Accessibility At Five Of Broadway’s Most Historic Theaters
CONSENT DECREE: U.S. v. NEDERLANDER ORGANIZATION, INC.
DEADLINE: Broadway’s Jujamcyn Theaters To Improve Wheelchair Accessibility In Lawsuit Settlement
