United States of America, Plaintiff, v. Cinemark USA, Inc., Defendant - Consent Order

6.9     The Parties acknowledge and agree that wheelchair spaces and their companion seats located in accordance with the seating plans for Future Construction Theaters, as referenced in Section 4 above, provide lines of sight comparable to those provided to members of the general public.  For purposes of this Consent Order, if Cinemark chooses to use a design for an auditorium that is different from those listed in Section 4 and Appendix "D," it will still be in conformance with ADA Standard 4.33.3, and §§ 221 and 802 of the ADA and ABA Accessibility Guidelines for Buildings and Facilities, as published in the Federal Register on July 23, 2004, if:

a. the seating plan design uses the same ratio of (i) the total number of seats in the same row as the wheelchair location plus all the seats in the rows between the wheelchair location and the screen, compared to (ii) the total number of seats in the auditorium. Cinemark may provide a greater ratio (i.e., it can place the wheelchair spaces farther back in the seating layout from the screen). The two auditoria being compared need not have the same shape.

OR

b. the measurement of the vertical viewing angle (the angle between a horizontal line from the eye to the screen and a line from the eye to the top of the screen) are within the range of vertical viewing angles for the seats located in the back half of the seats in the auditorium (i.e., wheelchair viewing angles between the 50th and 100th percentile).

OR,

c. all ADA-mandated wheelchair seating and companion seating is located (i) within the rear 60% of the seats provided in an auditorium, or (ii) within the area in an auditorium in which the vertical viewing angles (the angles between a horizontal line from the eye to the screen and a line from the eye to the top of the screen) are within the range of vertical viewing angles for the seats located in the back half of the seats in the auditorium.

OR,

d. in theaters with more than 300 seats and where dispersion is required, all ADA-mandated wheelchair locations and companion seating is placed in the rear 60% of the auditorium or, in the alternative, one-half of the ADA-mandated wheelchair locations and companion seats is placed in the rear 50% of the auditorium and the remainder of ADA-mandated wheelchair spaces are dispersed in accordance with Standard 4.33.3, but shall not be located in the first row. Where Cinemark provides wheelchair spaces in excess of the number required under the ADA Standards, such spaces may be located within the discretion of Cinemark and nothing in this Consent Order is intended to apply to such spaces.

OR,

e. the design is submitted via overnight courier for review and approval by the Department. The United States will respond to any such request within thirty (30) days of receipt of such plans, although the DOJ may request, in writing prior to the expiration of the thirty (30) day period, an extension of thirty (30) days. If Cinemark does not receive a response to its request at the end of the thirty day period, or at the end the sixty (60) day period if an extension is timely requested by the Department and transmitted to Cinemark by telefacsimile or express mail delivery, such plans will be deemed approved by the DOJ and Cinemark may proceed to build theaters according to the plans submitted to the United States.  If Cinemark declines to submit a proposed plan, or if it chooses to build a theater design rejected by the United States in this review process, that specific theater design shall not be covered by the safe harbor provisions of this Consent Order, see § 2.4, and if the Department believes that such design violates the wheelchair placement provisions of the ADA Standards, the Department may seek remedy in this Court to correct such non-conforming design.