28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities NPRM (2008 Title III NPRM)

(6) Hold and release of accessible seating.  A public accommodation may release unsold accessible seating to any person with or without a disability following any of the circumstances described below:

(i) When all seating (excluding luxury boxes, club boxes, or suites) for an event have been sold;

(ii) When all seating in a designated area in the facility has been sold and the accessible seating being released is in the same designated area; or

(iii) When all seating in a designated price range has been sold and the accessible seating being sold is within the same designated price range.  Nothing in this provision requires a facility to release wheelchair seats for general sale.