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

H.      The United States' interpretation of ADA Standard 4.33.3 was issued in an amicus brief in July 1998 and federal circuit courts and district courts across the country have differed about whether or not the interpretation espoused by the United States was a proper interpretation of the ADA, how compliance with such an interpretation should be measured, and the appropriate remedies, if any, for retrofits, taking into account due process concerns. Cinemark has also expressed its concern to the Department that ADA Standard 4.33.3 and the United States' interpretation thereof provided insufficient guidance for theater designers about the proper placement of wheelchair seating areas in its stadium-style movie theaters. The Department acknowledges that the movie theater industry has long expressed confusion about legal obligations under Standard 4.33.3.  Since the United States published its interpretation of ADA Standard 4.33.3 in the July 1998 amicus brief in Lara, Cinemark has made good faith efforts to design its stadium-style movie theaters in compliance with the United States' aforementioned interpretation.