Two months before most of Broadway’s theaters reopen, the U.S. attorney’s office in Manhattan announced Tuesday that a major operator had agreed to provide more wheelchair access at its five theaters as part of a settlement.
Audrey Strauss, the U.S. attorney for the Southern District of New York, announced a lawsuit against the Jujamcyn Theaters, alleging its theaters were in violation of the Americans With Disabilities Act, as well as a settlement with the company to fix it.
As part of the agreement, the Al Hirschfeld, August Wilson, Eugene O’Neill, St. James and Walter Kerr theaters will provide 44 additional wheelchair-accessible seating locations and 54 aisle transfer seating locations, and will remove approximately 200 barriers to accessibility in theater restrooms, concession counters, waiting areas and box offices.
Jujamcyn will also pay a $40,000 civil penalty, according to the announcement.
“As New York City begins to reopen and welcome the world once again, we are pleased that Jujamcyn Theaters, L.L.C., has worked collaboratively with the office to improve accessibility at its historic venues, so that all patrons are able to enjoy Broadway,” Ms. Strauss said in a statement.
An email message sent on Tuesday evening to a spokesman for Jujamcyn was not immediately returned.
The first upgrades are expected to be completed by the end of September, according to court documents.
The agreement with Jujamcyn is the latest that officials have struck with companies that operate Broadway theaters, many of which were opened decades before the landmark Americans With Disabilities Act was signed in 1990, requiring greater accessibility for those who are disabled.
For years, accessibility at Broadway theaters has been a challenge, with issues ranging from a limited supply of wheelchair-accessible seating inside the theaters to a lack of accommodations at box office counters. Broadway theater operators have long pledged to make their facilities more A.D.A. compliant.
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In 2003, the head of the Shubert Organization said that it had spent about $5 million upgrading 16 theaters to bring them into compliance with the A.D.A., after a recommendation by the U.S. attorney’s office. “What we did was a combination of compulsion and volunteerism,” Gerald Schoenfeld, the chairman of the organization, said at the time. “We were a willing complier.”
In 2014, the Nederlander Organization entered into an agreement with the U.S. attorney’s office to upgrade nine facilities after the prosecutor’s office filed suit. The company agreed to provide 70 additional wheelchair-accessible seating locations and 134 more aisle transfer seating locations, and to eliminate more than 500 barriers to accessibility at its theaters.
In general, for facilities built after the A.D.A. began to take effect in the 1990s, barriers to accessibility are required to be removed “where it is readily achievable to do so,” according to the U.S. attorney’s office.
The announcement about the settlement with Jujamcyn came as Broadway and other theater districts around the world prepared to reopen after pandemic restrictions forced many of them to temporarily close their doors. Some shows responded by offering a streaming version of their in-person productions, enabling ticket holders to watch and listen from home, a boon for those who had found in-person productions inaccessible.
But as more people got vaccinated and the pandemic restrictions were eased, shows returned to their respective stages. (Last month the first show returned to Broadway, as Bruce Springsteen dazzled more than 1,700 theatergoers with music and storytelling for two hours at the St. James Theater.)
And the return to more in-person performances at theaters has revived concerns over theater accessibility and fears that the pandemic-era accessibility may be lost.
In New York City, theater operators have said they are making strides at improving the in-person experience for those who need assistance.
In 2018, New York City announced it would offer grants to Off Broadway and other small theaters to install software that allows patrons to follow along with low-light smartphones and tablets.