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07-397 - CHRISTMAN v. TYMACO, INC, et al.,

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07-397 - CHRISTMAN v. TYMACO, INC, et al.,
May 6, 2008
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FINDINGS OF FACT AND CONCLUSIONS OF LAW and ORDER that Judgment is entered in favor of the Plaintiff and against the Defendants. FURTHER that, pursuant to 42 U.S.C. Section 12188(a)92), to remedy their violations of the Americans with Disability Act of 1990, as amended, 42 U.S.C. Section 12101, et seq., the Defendants shall alter Ice Castle Arena to make its facilities readily accessible to and usable by individuals with disabilities as follows: 1. Defendants shall either provide a curb cut or wheelchair ramp in front of the main entrance to Ice Castle Arena along with hash marks painted on the pavement between the parking lot and the curb cut/ramp to indicate that parking is not permitted on the painted area, or return the handicapped parking spaces to their previous location, that is, to the left of (when facing) the main entrance, alongside the two existing wheelchair ramps. 2. Defendants shall install an elevator to provide wheelchair users an accessible route from the main lobby to the balcony that does not involve traveling through the health club space and that does not involve traversing doorways with clear opening space that is less than 32 inches, taking panic hardware into account in measuring the clear opening space. 3. Defendants shall install either six wheelchair spaces, with companion seating, as set forth in plaintiff's Exhibit 4k, in both the Roadside Rink and the Trackside Rink, or six wheelchair spaces with companion seating, within the footprint of the bleachers, at least one of which must be in the set of bleachers further from the main entrance (and accessible to wheelchair users by way of a portable or fixed platform across the gap between the two sets of bleachers), and at least two of which must be located within the second or third quartile of the total row length, that is, at center ice or in the bleacher section closest to center ice in both the Roadside Rink and the Trackside Rink. FINALLY on or before June 20, 2008, defendants shall submit a proposal to remedy the deficiencies as described above including a reasonable time table advising the Court of when said remedies will be accomplished. Signed by Magistrate Judge Amy Reynolds Hay on 5/5/2008. (dgg)
July 24, 2008
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MEMORANDUM ORDER denying 46 Motion for post-trial relief. Signed by Magistrate Judge Amy Reynolds Hay on 7/24/2008. (dgg) Modified on 7/25/2008 to remove document from public view as the wrong document was attached. See errata at doc. 63. (ksa)