WASHINGTON (AP) - Abe Pollin, owner of the Washington Wizards and
Capitals,
lost his case in the Supreme Court today over wheelchair seating at his
new
downtown arena.
The justices, without comment, let stand rulings that required Pollin to
make
sure his MCI Center enables most wheelchair patrons to see over standing
spectators.
That requirement grew out of a 1996 lawsuit by the Paralyzed Veterans of
America. The arena, home to NBA's Wizards and the NHL's Capitals, opened
Dec.
2.
A federal trial judge and the U.S. Circuit Court of Appeals for the
District
of Columbia ruled that ``substantially all'' wheelchair spaces in the
arena
must provide views over standing spectators.
Both lower courts relied on a Justice Department interpretation of the
federal
Americans with Disabilities Act, which among other things bars
discrimination
against the disabled at any place of public accommodation.
Lawyers for Pollin argued that the law never was meant to require that
most
wheelchair users be able to see the playing area or stage if persons in
front
of them stand up.
To comply with the lower court rulings, Pollin's Supreme Court appeal
said,
``not only did structural changes have to be made throughout the arena
but
also up to 368 seats at MCI Center events will have to be covered and
kept
unused so as to prevent the possibility of a spectator standing in front
of a
wheelchair space ... occupied by a wheelchair user.''
The case is Pollin vs. Paralyzed Veterans of America, 97-834.
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